Jamhil Med., P.C. v Tri-State Consumer Ins. Co.

[*1] Jamhil Med., P.C. v Tri-State Consumer Ins. Co. 2012 NY Slip Op 52049(U) Decided on October 18, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 18, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-986 K C. October 18, 2012

Jamhil Medical, P.C. as Assignee of CAMILLE BODDEN, Respondent,

against

Tri-State Consumer Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 2, 2011. The order denied defendant's motion to vacate a prior order of the same court entered June 11, 2010 granting plaintiff's unopposed motion for summary judgment.

ORDERED that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court did not improvidently exercise its discretion in denying defendant's motion to vacate a prior order entered June 11, 2010 granting plaintiff's unopposed motion for summary judgment, since defendant failed to demonstrate a reasonable excuse for its failure to submit written opposition to plaintiff's motion (see CPLR 5015 [a]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 18, 2012