May 12, 2011

Omega Diagnostic Imaging, P.C. v MVAIC (2011 NY Slip Op 50867(U))

https://www.beynensonlaw.com/case-law/omega-diagnostic-imaging-p-c-v-mvaic-2011-ny-slip-op-50867u/

Court: Appellate Term, Second Department
Decided: May 12, 2011
Citation: 2011 NY Slip Op 50867(U) · 31 Misc 3d 143(A)
Posture: Default or vacatur
Outcome: Provider prevailed
Later treatment: Followed in 1 later decision (see Cited by)
Issues: Defaults and vacatur MVAIC

Cite as

Omega Diagnostic Imaging, P.C. v MVAIC, 31 Misc 3d 143(A), 2011 NY Slip Op 50867(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011)

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.

Insurance Law § 5214 does not bar a default judgment against MVAIC when it is the named defendant and has defaulted. A provider sued to recover assigned no-fault benefits, and MVAIC moved under CPLR 5015 to vacate the resulting default judgment. The Appellate Term, Second Department, affirmed the denial of that motion because MVAIC's statutory defense lacked merit. The court expressly found it unnecessary to decide whether MVAIC had demonstrated a reasonable excuse for its default.

Reported in New York Official Reports at Omega Diagnostic Imaging, P.C. v MVAIC (2011 NY Slip Op 50867(U))

[*1]

Omega Diagnostic Imaging, P.C. v MVAIC

2011 NY Slip Op 50867(U) [31 Misc 3d 143(A)]

Decided on May 12, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 12, 2011

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., GOLIA and RIOS, JJ
2008-2082 K C.

Omega Diagnostic Imaging, P.C. as Assignee of Lentz Jean-baptiste, Respondent,

against

MVAIC, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered November 14, 2008. The order denied defendant’s motion to vacate a default 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 denied a motion by defendant Motor Vehicle Accident Indemnification Corp. (sued herein as MVAIC), pursuant to CPLR 5015, to vacate a default judgment entered against it. MVAIC’s proffered defense lacks merit since Insurance Law § 5214 does not bar the entry of a default judgment against MVAIC in an action in which MVAIC is the named defendant and has defaulted (see Craniofacial Pain Mgt. v MVAIC, 29 Misc 3d 130[A], 2010 NY Slip Op 51843[U] [App Term, 2d, 11th & 13th Jud Dists 2010]; A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp., 25 Misc 3d 138[A], 2009 NY Slip Op 52363[U] [App Term, 2d, 11th & 13th Jud Dists 2009]). In view of the foregoing, it is unnecessary to consider whether MVAIC demonstrated a reasonable excuse for its default (see Toland v Young, 60 AD3d 754 [2009]).

Weston, J.P., Golia and Rios, JJ., concur.
Decision Date: May 12, 2011

Cited in this decision

A label shows how this decision treated the case it cites.

Craniofacial Pain Mgt. v MVAIC (2010 NY Slip Op 51843(U)) FollowedMVAIC's motion to vacate its default judgment was untimely because it was made more than one year after service of notice of the judgment.
A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp. (2009 NY Slip Op 52363(U)) FollowedMVAIC failed to establish a meritorious defense in its initial papers seeking vacatur of the providers' default judgment.

Cited by

A label shows how the later decision treated this one.

Jamaica Med. Supply, Inc. v MVAIC (2011 NY Slip Op 52008(U)) FollowedInsurance Law § 5214 does not bar a default judgment against MVAIC when it is the named defendant and has defaulted.

Similar decisions

Omega Med. Diagnostic v MVAIC (2011 NY Slip Op 50275(U))The provider's summary judgment motion was granted and MVAIC's cross motion for summary judgment dismissing the complaint was denied.
Delta Diagnostic Radiology, P.C. v MVAIC (2014 NY Slip Op 51261(U))MVAIC's residency defense lacked merit because the notarized notice of intention to make claim and police report stated the assignor's New York residence.
Omega Diagnostic Imaging, PC v MVAIC (2017 NY Slip Op 50568(U))Trial documents established that the assignor failed to report the accident within 24 hours, defeating the provider's claim against MVAIC. The assignor alleged an unidentified vehicle struck the assignor's bicycle, but the notice of intention filed 12 days later stated that no police were called.
Ocean Diagnostic Radiology, P.C. v MVAIC (2008 NY Slip Op 51956(U))The provider's appeal was dismissed because the challenged order was entered on its default in opposing MVAIC's dismissal cross motion.
Optimal Well-Being Chiropractic, P.C. v MVAIC (2014 NY Slip Op 51817(U))The assignor was not a covered person because no timely notice of claim was filed with MVAIC and no leave to file a late notice was sought.