September 18, 2026

Health Value Med., P.C. v Allstate Ins. Co. (2026 NY Slip Op 51594(U))

https://www.beynensonlaw.com/case-law/health-value-med-p-c-v-allstate-ins-co-2026-ny-slip-op-51594u/

Court
Appellate Term, Second Department
Decided
September 18, 2026
Citation
2026 NY Slip Op 51594(U) · 90 Misc 3d 129(A)
Posture
Default or vacatur
Outcome
Provider prevailed
Issues
Defaults and vacatur
Cite as
Health Value Med., P.C. v Allstate Ins. Co., 90 Misc 3d 129(A), 2026 NY Slip Op 51594(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2026)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer failed to show nonreceipt of settlement documents needed to support vacatur of the provider's judgment entered after a settlement default. The provider obtained judgment under CPLR 5003-a (e) after a default under a settlement. The Civil Court, Queens County, vacated the judgment because the provider had not proved tender of a duly executed release and stipulation of discontinuance under CPLR 5003-a (a). The insurer, however, bore the initial burden on its motion of demonstrating nonreceipt and failed to meet it. The provider therefore did not need to establish tender in opposition. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and denied the branch of the insurer's motion seeking vacatur.

Reported in New York Official Reports at Health Value Med., P.C. v Allstate Ins. Co. (2026 NY Slip Op 51594(U))

Health Value Med., P.C. v Allstate Ins. Co.
2026 NY Slip Op 51594(U) [90 Misc 3d 129(A)]
Decided on September 18, 2026
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This opinion is uncorrected and will not be published in the printed Official Reports.


Digest-Index Classification: Compromise and Settlement—Validity of Settlement—Release and Stipulation of Discontinuance

Health Value Medical, P.C., as Assignee of Akeel Tasheed, Appellant,

v

Allstate Insurance Company, Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts

Decided on September 18, 2026

2025-1317 Q C

Present: : Chereé A. Buggs, J.P., Marina Cora Mundy, Karen Lin, JJ

Glinkenhouse Queen, Esqs. (Alan Queen of counsel), for appellant. Merani Kamara Law Group (Samuel Kamara of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ira R. Greenberg, J.), dated July 8, 2025. The order, insofar as appealed from, granted the branch of defendant’s motion seeking to vacate a judgment in favor of plaintiff entered September 14, 2023 pursuant to a settlement.

[*1]

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant’s motion seeking to vacate the September 14, 2023 judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court (Ira R. Greenberg, J.) dated July 8, 2025 as granted the branch of defendant’s motion seeking to vacate a judgment in favor of plaintiff entered September 14, 2023 pursuant to a default under a settlement (see CPLR 5003-a [e]).

On appeal, plaintiff correctly argues that the Civil Court should not have granted defendant’s motion on the basis of plaintiff’s failure to prove that it had tendered a duly executed release and stipulation discontinuing the action pursuant to CPLR 5003-a (a), since defendant did not demonstrate, prima facie, that it had not received a release or stipulation of discontinuance as was its burden upon its motion (see Biofeedback & Psychological Servs. v Country-Wide Ins. [*2]Co., 88 Misc 3d 135[A], 2026 NY Slip Op 50685[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists]; Berenblit v Country Wide Ins. Co., 88 Misc 3d 135[A], 2026 NY Slip Op 50683[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists]; Medtech Med. Supply, Inc. v Country-Wide Ins. Co., 74 Misc 3d 137[A], 2022 NY Slip Op 50304[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]). Consequently, contrary to the Civil Court’s determination, plaintiff did not need to establish that it had tendered the foregoing documents in opposition to the motion (see Berenblit v Country Wide Ins. Co., 2026 NY Slip Op 50683[U]).

Defendant’s remaining arguments for vacating the judgment lack merit (see e.g. Berenblit v Country Wide Ins. Co., 2026 NY Slip Op 50683[U]; Seaside Rehabilitation v Allstate Ins. Co., 63 Misc 3d 162[A], 2019 NY Slip Op 50918[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]).

Accordingly, the order, insofar as appealed from, is reversed and the branch of defendant’s motion seeking to vacate the judgment entered September 14, 2023 is denied.

BUGGS, J.P., MUNDY and LIN, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: September 18, 2026

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