SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
May 12, 2011
OMEGA DIAGNOSTIC IMAGING, P.C. AS ASSIGNEE OF LENTZ JEAN-BAPTISTE,
Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered November 14, 2008. The order denied defendant's motion to vacate a default judgment.
Omega Diagnostic Imaging, P.C. v MVAIC
Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on May 12, 2011
PRESENT: WESTON, J.P., GOLIA and RIOS, JJ
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault
benefits, the Civil Court denied a motion by defendant Motor Vehicle
Accident Indemnification Corp. (sued herein as MVAIC), pursuant to
CPLR 5015, to vacate a default judgment entered against it. MVAIC's
proffered defense lacks merit since Insurance Law § 5214 does not bar
the entry of a default judgment against MVAIC in an action in which
MVAIC is the named defendant and has defaulted (see Craniofacial Pain
Mgt. v MVAIC, 29 Misc 3d 130[A], 2010 NY Slip Op 51843[U] [App Term,
2d, 11th & 13th Jud Dists 2010]; A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp., 25
Misc 3d 138[A], 2009 NY Slip Op 52363[U] [App Term, 2d, 11th
& 13th Jud Dists 2009]). In view of the foregoing, it is unnecessary to
consider whether MVAIC demonstrated a reasonable excuse for its default
(see Toland v Young, 60 AD3d 754 ).
Weston, J.P., Golia and Rios, JJ., concur.
Decision Date: May 12, 2011
© 1992-2011 VersusLaw Inc.