Sure Way NY, Inc. v Farm Bur. Mut. Ins. Co. (2021 NY Slip Op 50632(U))

Decided on July 2, 2021

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

Jacobson & Schwartz, LLP (Gary R. Schwartz 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 (Lorna J. McAllister, J.), entered April 25, 2018. The order denied defendant’s motion to vacate a judgment of that court entered April 2, 2018 upon defendant’s failure to appear or answer the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion to vacate the default judgment is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which denied defendant’s motion to vacate a judgment of that court entered upon defendant’s failure to appear or answer the complaint.

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 defendant’s motion to vacate the default judgment is granted.

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