May 24, 2007

Richmond Radiology, P.C. v State Farm Ins. Co. (2007 NY Slip Op 51074(U))

Headnote

The court considered a case in which Richmond Radiology, P.C. was seeking to recover first-party no-fault benefits from State Farm Insurance Company. The main issue decided was that the order granting defendant's motion for severance was entered on default, as the plaintiff failed to submit opposition to the motion. As a result, the court dismissed the appeal, as no appeal lies from a default order by the defaulting party. The holding of the case was that the appeal from the order granting defendant's motion for severance was dismissed, as the plaintiff failed to oppose the motion, and the order was entered on default.

Reported in New York Official Reports at Richmond Radiology, P.C. v State Farm Ins. Co. (2007 NY Slip Op 51074(U))

Richmond Radiology, P.C. v State Farm Ins. Co. (2007 NY Slip Op 51074(U)) [*1]

Richmond Radiology, P.C. v State Farm Ins. Co.

2007 NY Slip Op 51074(U) [15 Misc 3d 142(A)]

Decided on May 24, 2007

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This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., RIOS AND BELEN, JJ
2006-673 Q C.

Richmond Radiology, P.C. a/a/o Ilijaz Ljubanovic, Joseph Roccombli, Tanya Knoll and Oleg Vugman, Appellant,
against
State Farm Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), entered January 4, 2006. The order granted on default defendant’s motion for severance.

Appeal dismissed.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff is appealing from an order which granted defendant’s motion for severance. However, since plaintiff failed to submit opposition to defendant’s motion, the order which granted defendant’s motion for severance was entered on default and no appeal lies therefrom by plaintiff, the defaulting party (see CPLR 5511; Coneys v Johnson
Controls, Inc., 11 AD3d 576 [2004]; Marino v Termini, 4 AD3d 342 [2004]; Adamson v Evans, 283 AD2d 527 [2001]; Ava Acupuncture P.C. v Greyhound Lines, Inc., 14 Misc 3d 141[A], 2007 NY Slip Op 50356[U] [App Term, 2d & 11th Jud Dists]). As a result, the appeal is dismissed.

Golia, J.P., Rios and Belen, JJ., concur.
Decision Date: May 24, 2007