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Crossbridge Diagnostic Radiology As Assignee of Crystal Hoseine v. Progressive Northeastern Ins. Co

December 19, 2011

CROSSBRIDGE DIAGNOSTIC RADIOLOGY AS ASSIGNEE OF CRYSTAL HOSEINE,
APPELLANT,
v.
PROGRESSIVE NORTHEASTERN INS. CO.,
RESPONDENT.



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This opinion is uncorrected and will not be published in the printed Official Reports.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] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the order is affirmed.

Rios, J.P., Weston and Golia, JJ., concur.

Decision Date: December 19, 2011

20111219

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