FILED: NEW YORK COUNTY CLERK 03/15/ :05 PM INDEX NO /2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 03/15/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X HERTZ VEHICLES, LLC and any and, its subsidiaries and its affiliates, Index #: /15 -against- Plaintiff, PRE-ARGUMENT STATEMENT DARIEL CEPEDA, YOCASTA ORTEGA, NAY ROBIS PEREZ, JONATHAN ALMONTE- TJERA, 21st CENTURY PHARMACY, INC., CITIMEDICAL I, PLLC, DAILY MEDICAL EQUIPMENT DISTRIBUTION CENTER, INC., INNOVATIVE HEALTH CHIROPRACTIC, P.C., JBS MEDICAL DIAGNOSTIC P.C., LLJ THHERAPEUTIC SERVICES, P.T. P.C., MORLEY MEDICAL, P.C., NEW TAIPON ACUPUNCTURE, P.C, PHYSIO SOLUTIONS, PT. P.C., PROMPT MEDICAL SERVICES, PC, PROSPER ACUPUNCTURE, PC and TOTAL PSYCHIATRIC MEDICAL SERVICES, P.C., Defendant X S I R (s): Appeal from: County: Judge: Order New York Hon. Joan Kenney Index #: /15 Date of Order: March 7, 2017 Date Order Entered: March 8, 2017 For Appellants: 1393 Veterans Memorial Hwy #212N Hauppauge, NY of 5

2 For Respondents: Disposition in Court below: Supreme Court of the State of New York, County of New York granted Defendant s motion for summary judgment dismissing the complaint for a declaratory judgment that Plaintiff was not responsible for no-fault benefits under the policy of insurance, but failed to grant Defendant its reasonable attorney s fees in defending this declamatory judgment action. Issues to be Raised on Appeal: Did Defendant-Appellant establish its entitlement to recover its reasonable attorney s fees in defending against this declaratory judgment action? This should be answered in the affirmative Attorneys Certification The undersigned hereby certified that to the best of the undersigned s knowledge, information and belief, formed after a reasonable inquiry under the circumstances, the Presented of the within PRE-ARGUMENT STATEMENT or the contentions contained herein are not frivolous as denied in 22 NYCRR (c) Dated: Hauppauge, New York March 15, 2017 Yours, etc., By: JAMES P. MULHERN, ESQ. To: 2 of 5

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4 AFFIRMATION OF SERVICE STATE OF NEW YORK) COUNTY OF SUFFOLK ) ) ss.:, an attorney duly admitted to practice law in the Courts of the State of New York, hereby affirms as follows : I am not a party to the action, am over 18 years of age and reside in the State of New York. On March 15, 2017, I served a true copy of the annexed PREARGUMENT STATEMENT upon the attorney and unrepresented parties indicated below at their respective addresses indicated below, the address designated by said attorney for that purpose, by depositing same in a sealed envelope in a postpaid, properly addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York: Dated: Hauppauge, New York March 15, of 5

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: /15 HERTZ VEHICLES, LLC and any and, all of its subsidiaries and its affiliates, -against- Plaintiff(s), DARIEL CEPEDA, YOCASTA ORTEGA, NAY ROBIS PEREZ, JONATHAN ALMONTE- TJERA, 21st CENTURY PHARMACY, INC., CITIMEDICAL I, PLLC, DAILY MEDICAL EQUIPMENT DISTRIBUTION CENTER, INC., INNOVATIVE HEALTH CHIROPRACTIC, P.C., JBS MEDICAL DIAGNOSTIC P.C., LLJ THHERAPEUTIC SERVICES, P.T. P.C., MORLEY MEDICAL, P.C., NEW TAIPON ACUPUNCTURE, P.C, PHYSIO SOLUTIONS, PT. P.C., PROMPT MEDICAL SERVICES, PC, PROSPER ACUPUNCTURE, PC and TOTAL PSYCHIATRIC MEDICAL SERVICES, P.C., Defendant. PREARGUMENT STATEMENT Service of a copy of the within ^ is hereby admitted Dated, ^... Attorney(s) for ^ Please take notice Notice of entry that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on Notice of Settlement that an order ^ of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on Yours, etc. 5 of 5