July 2, 2021

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

Headnote

The court considered an appeal from an order of the Civil Court of the City of New York, Kings County, which had granted the plaintiff's motion for the entry of a default judgment. The main issue decided was whether the plaintiff should be granted a default judgment in their action to recover assigned first-party no-fault benefits. The holding of the court was that the order granting the plaintiff's motion for the entry of a default judgment was reversed and the motion was denied. The court cited a similar case, Daily Med. Equip. Distrib. Ctr., Inc., as Assignee of Balderrna, David v American Ind. Ins. Co., and based their decision on the reasons stated in that case. The decision was entered on July 2, 2021 by the Appellate Term, Second Department.

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

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This opinion is uncorrected and will not be published in the printed Official Reports.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