June 22, 2006

Ocean Diagnostic Imaging P.C. v State Farm Mut. Auto. Ins. Co. (2006 NY Slip Op 51195(U))

Headnote

The court considered that Ocean Diagnostic Imaging P.C. was seeking to recover assigned first-party no-fault benefits and that a default judgment was entered in their favor. State Farm Mutual Automobile Insurance Company then moved to vacate the default judgment, which was granted by the Civil Court of the City of New York, Kings County. The main issue decided was whether defendant State Farm Mutual Automobile Insurance Company had a reasonable excuse for its default and a meritorious defense to the action. The court held that upon review of the record, there was no basis to disturb the lower court's finding that the defendant had established both a reasonable excuse for its default and a meritorious defense to the action, and therefore affirmed the lower court's order granting defendant's motion to vacate the default judgment.

Reported in New York Official Reports at Ocean Diagnostic Imaging P.C. v State Farm Mut. Auto. Ins. Co. (2006 NY Slip Op 51195(U))

Ocean Diagnostic Imaging P.C. v State Farm Mut. Auto. Ins. Co. (2006 NY Slip Op 51195(U)) [*1]

Ocean Diagnostic Imaging P.C. v State Farm Mut. Auto. Ins. Co.

2006 NY Slip Op 51195(U) [12 Misc 3d 134(A)]

Decided on June 22, 2006

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 22, 2006

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT:: PESCE, P.J., RIOS and BELEN, JJ
2005-991 K C.

Ocean Diagnostic Imaging P.C., a/a/o Valentina Danilova, Marie Gilsaint and Juris Bolshakovs, Appellant,
against
State Farm Mutual Automobile Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Eileen Nadelson, J.), entered March 16, 2005. The order granted defendant’s motion to vacate the default judgment.

Order affirmed without costs.

In this action to recover assigned first-party no-fault benefits, a default judgment was entered and defendant moved to vacate same. Upon a review of the record, we find no basis upon which to disturb the lower court’s finding that defendant established both a reasonable excuse for its default and a meritorious defense to the action (see Titan Realty Corp. v Schlem, 283 AD2d 568 [2001]; Matter of Gambardella v Ortov Light., 278 AD2d 494 [2000]). Accordingly, the lower court’s order granting defendant’s motion to vacate the default judgment should be affirmed.

Pesce, P.J., Rios and Belen, JJ., concur.
Decision Date: June 22, 2006