Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 2, 2011.
Jamhil Med., P.C. v Tri-State Consumer Ins. Co.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 18, 2012
PRESENT: PESCE, P.J., WESTON and RIOS, JJ
The order denied defendant's motion to vacate a prior order of the same court entered June 11, 2010 granting plaintiff'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 defendant's motion to vacate a prior order entered June 11, 2010 granting plaintiff's unopposed motion for summary judgment, since defendant failed to demonstrate a reasonable excuse for its failure to submit written opposition to plaintiff'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.
Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 18, 2012
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