October 18, 2012

Jamhil Med., P.C. v Tri-State Consumer Ins. Co. (2012 NY Slip Op 52049(U))

https://www.beynensonlaw.com/case-law/jamhil-med-p-c-v-tri-state-consumer-ins-co-2012-ny-slip-op52049u/

Court: Appellate Term, Second Department
Decided: October 18, 2012
Citation: 2012 NY Slip Op 52049(U) · 37 Misc 3d 133(A)
Posture: Default or vacatur
Outcome: Provider prevailed
Issues: Defaults and vacatur

Cite as

Jamhil Med., P.C. v Tri-State Consumer Ins. Co., 37 Misc 3d 133(A), 2012 NY Slip Op 52049(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012)

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's motion to vacate an unopposed summary judgment order was denied for failure to show a reasonable excuse. The Appellate Term, Second Department, affirmed, finding no abuse of discretion under CPLR 5015 (a) because the insurer did not justify its failure to submit written opposition to the provider's motion for assigned no-fault benefits.

Reported in New York Official Reports at Jamhil Med., P.C. v Tri-State Consumer Ins. Co. (2012 NY Slip Op 52049(U))

[*1]

Jamhil Med., P.C. v Tri-State Consumer Ins. Co.

2012 NY Slip Op 52049(U) [37 Misc 3d 133(A)]

Decided on October 18, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-986 K C. October 18, 2012

Jamhil Medical, P.C. as Assignee of CAMILLE BODDEN, Respondent, —
against
Tri-State Consumer Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 2, 2011. 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 [1986]). Accordingly, the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 18, 2012

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