July 2, 2021

Maiga Prods. Corp. v American Ind. Ins. Co. (2021 NY Slip Op 50638(U))

https://www.beynensonlaw.com/case-law/maiga-prods-corp-v-american-ind-ins-co-2021-ny-slip-op-50638u/

Court: Appellate Term, Second Department
Decided: July 2, 2021
Citation: 2021 NY Slip Op 50638(U) · 72 Misc 3d 131(A)
Posture: Default or vacatur
Outcome: Insurer prevailed
Issues: Defaults and vacatur

Cite as

Maiga Prods. Corp. v American Ind. Ins. Co., 72 Misc 3d 131(A), 2021 NY Slip Op 50638(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021)

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 provider's motion for entry of a default judgment in its action for assigned no-fault benefits was denied on appeal. The Appellate Term, Second Department, reversed the order granting the provider's motion for the reasons stated in the companion appeal decided the same day, Daily Med. Equip. Distrib. Ctr., Inc. v American Ind. Ins. Co., No. 2019-341 K C.

Reported in New York Official Reports at Maiga Prods. Corp. v American Ind. Ins. Co. (2021 NY Slip Op 50638(U))

[*1]

Maiga Prods. Corp. v American Ind. Ins. Co.

2021 NY Slip Op 50638(U) [72 Misc 3d 131(A)]

Decided on July 2, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 2, 2021

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

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-318 K C

Maiga Products Corp., as Assignee of Georgy, Charles, Respondent,
against
American Independent Ins. Co., Appellant.

Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered January 7, 2019. The order granted plaintiff’s motion for the entry of a default judgment.

ORDERED that the order is reversed, with $30 costs, and plaintiff’s motion for the entry of a default judgment is denied.

In this action by a provided to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff’s motion for the entry of a default judgment.

For the reasons stated in Daily Med. Equip. Distrib. Ctr., Inc., as Assignee of Balderrna, David v American Ind. Ins. Co. (___ Misc 3d ___, 2021 NY Slip Op ______ [appeal No. 2019-341 K C], decided herewith), the order is reversed and plaintiff’s motion for the entry of a default judgment is denied.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 2, 2021

Similar decisions

Daily Med. Equip. Distrib. Ctr., Inc. v American Ind. Ins. Co. (2021 NY Slip Op 50639(U))The provider's default judgment motion failed because it did not establish personal jurisdiction over the insurer.
Maiga Prods. Corp. v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51646(U))The insurer established timely EUO notices and denials and the provider's two nonappearances, with no triable issue raised in opposition.
Maiga Prods. Corp. v 21st Century Ins. Co. (2018 NY Slip Op 50845(U))The insurer's proof raised a presumption that the EUO scheduling letters and denial forms were properly mailed.
Sure Way NY, Inc. v Farm Bur. Mut. Ins. Co. (2021 NY Slip Op 50632(U))The insurer's motion to vacate a default judgment entered for failure to appear or answer was granted on appeal.
Maiga Prods. Corp. v Unitrin Auto & Home Ins. Co. (2017 NY Slip Op 50113(U))The provider failed to establish its prima facie case, and the insurer failed to prove two missed EUOs. The provider did not show that the insurer failed to deny within 30 days or issued a timely denial that was conclusory, vague or meritless under Insurance Law § 5106 (a).