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Nassau University Medical Center, Respondent v. Anthony Digeronimo Individually and As Parent Or Legal Guardian of Samantha Digeronimo

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


August 5, 2011

NASSAU UNIVERSITY MEDICAL CENTER, RESPONDENT,
v.
ANTHONY DIGERONIMO INDIVIDUALLY AND AS PARENT OR LEGAL GUARDIAN OF SAMANTHA DIGERONIMO, APPELLANT.

Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated May 4, 2009.

Nassau Univ. Med. Ctr. v Digeronimo

Decided on August 5, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: TANENBAUM, J.P., MOLIA and LaCAVA, JJ

The order denied defendant's motion to vacate a default judgment.

ORDERED that the order is reversed, without costs, and defendant's motion to vacate the default judgment is granted.

Plaintiff commenced this action to recover the sum of $6,432.46, representing the balance allegedly due for medical services rendered to defendant's minor daughter, by filing the summons and complaint on September 11, 2007. Service was made on defendant's wife on October 3, 2007. Defendant failed to appear or answer, and a default judgment was entered against him on January 4, 2008. Defendant moved to vacate the default judgment, alleging, among other things, that he had notified plaintiff's attorney that he was not liable for the unpaid medical services because plaintiff had billed the wrong insurance company. Defendant further asserted that, following his communication with plaintiff's attorney, he was under the impression that the problem would be corrected. The District Court denied defendant's motion.

After defendant provided plaintiff's attorney with the correct insurance information, it was not unreasonable for him to believe that the problem would be resolved and that he need not appear in the action. Accordingly, we reverse the order denying defendant's motion to vacate the default judgment and grant the motion.

Tanenbaum, J.P., Molia and LaCava, JJ., concur.

Decision Date: August 05, 2011

20110805

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