Bromer Med., P.C. v Progressive Cas. Ins. Co.

[*1] Bromer Med., P.C. v Progressive Cas. Ins. Co. 2007 NY Slip Op 50429(U) [14 Misc 3d 146(A)] Decided on March 7, 2007 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 7, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, J.P., McCOOE, DAVIS, JJ
570674/06.

Bromer Medical, P.C. a/a/o Salvatore Savilla, Plaintiff-Respondent, - -

against

Progressive Casualty Insurance Co., Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered May 16, 2006, which denied its motion to vacate a default judgment.

PER CURIAM:

Order (Fernando Tapia, J.), entered May 16, 2006, reversed, without costs, motion granted, default judgment vacated, and the matter remanded for further proceedings.

Defendant's default should have been vacated pursuant to CPLR 317 and 5015(a) upon evidence establishing that defendant had not personally received notice of the summons in time to defend and that it had potentially meritorious defenses to plaintiff's action to recover first-party no fault benefits (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138, 141-142 [1986]; Raiola v 1944 Holding Ltd., 1 AD3d 296 [2003]).
This constitutes the decision and order of the court.
I concurI concurI concur

Decision Date: March 7, 2007