Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered March 11, 2010.
Crossbridge Diagnostic Radiology v Progressive Northeastern Ins. Co.
Decided on December 19, 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This opinion is uncorrected and will not be published in the printed Official Reports.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: RIOS, J.P., WESTON and GOLIA, JJ
The order denied plaintiff's motion to vacate a prior order granting defendant's unopposed motion for summary judgment.
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 did not improvidently exercise its discretion in denying plaintiff's motion to vacate a prior order granting defendant's unopposed motion for summary judgment, since plaintiff failed to demonstrate a reasonable excuse for its failure to submit written opposition to defendant's motion (see CPLR 5015 [a] ; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 ). Accordingly, the order is affirmed.
Rios, J.P., Weston and Golia, JJ., concur.
Decision Date: December 19, 2011
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