March 29, 2019

Prompt Med. Supply, Inc. v State Farm Mut. Auto Ins. Co. (2019 NY Slip Op 50504(U))

Headnote

The main issue in this case was whether the Civil Court properly granted defendant's motion to vacate a judgment entered upon their failure to appear or answer the complaint, and to compel the plaintiff to accept defendant's late answer. The court considered the reasons stated in a similar case and affirmed the order, holding that the judgment was properly vacated and the plaintiff was compelled to accept the defendant's late answer. The relevant facts considered by the court were not explicitly mentioned in the summary, but it can be inferred that the plaintiff had initially been granted a judgment upon the defendant's failure to respond, and the defendant later sought to vacate this judgment and submit a late answer. Ultimately, the court held in favor of the defendant, granting their motion and compelling the plaintiff to accept their late answer.

Reported in New York Official Reports at Prompt Med. Supply, Inc. v State Farm Mut. Auto Ins. Co. (2019 NY Slip Op 50504(U))

Prompt Med. Supply, Inc. v State Farm Mut. Auto Ins. Co. (2019 NY Slip Op 50504(U)) [*1]

Prompt Med. Supply, Inc. v State Farm Mut. Auto Ins. Co.

2019 NY Slip Op 50504(U) [63 Misc 3d 137(A)]

Decided on March 29, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 29, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2017-916 K C

Prompt Medical Supply, Inc., as Assignee of Sandra Lindie, Appellant,
against
State Farm Mutual Auto Ins. Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Rossillo & Licata, P.C. (Melissa A. Berkman, Esq.), for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered December 7, 2016. The order granted defendant’s motion to vacate a judgment of that court entered October 12, 2016 upon defendant’s failure to appear or answer the complaint, and to compel plaintiff to accept defendant’s late answer.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion to vacate a judgment of that court entered October 12, 2016 upon defendant’s failure to appear or answer the complaint, and to compel plaintiff to accept defendant’s late answer.

For the reasons stated in Prompt Med. Supply Inc., as Assignee of Gladstone Lawrence v State Farm Mut. Auto Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-858 K C], decided herewith), the order is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 29, 2019