A.B. Med. Servs. PLLC v Travelers Prop. Cas. Corp.

[*1] A.B. Med. Servs. PLLC v Travelers Prop. Cas. Corp. 2004 NY Slip Op 51490(U) Decided on December 1, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.
2003-1463 K C

A.B. MEDICAL SERVICES PLLC ROYALTON CHIROPRACTIC P.C. a/a/o Jessica Lloyd, Appellants,

against

TRAVELERS PROPERTY CASUALTY CORPORATION, Respondent.

Appeal by plaintiffs from so much of an order of the Civil Court, Kings County

(M. Solomon, J.), entered August 20, 2003, as denied their motion to enter a default judgment, and granted defendant's cross motion to vacate its default and to deem its answer served.

Order insofar as appealed from unanimously modified by providing that the denial of plaintiffs' motion for leave to enter a default judgment is without prejudice to plaintiffs renewing their motion upon proper papers within 30 days of the date of the order entered hereon and by denying defendant's cross motion in its entirety; as so modified, affirmed without costs.

The order should be modified for the reasons set forth in A.B. Medical Servs. v Travelers Prop. Cas. Corp., (NO. 2003-1451 K C, decided herewith).
Decision Date: December 01, 2004