Alvarez-Haddad v Thompson

[*1] Alvarez-Haddad v Thompson 2009 NY Slip Op 52234(U) [25 Misc 3d 135(A)] Decided on November 6, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570231/09.

Jessica Alvarez-Haddad, Plaintiff-Respondent,

against

Mark R. Thompson, Defendant-Respondent, -and- On Time Car Service Corp. and Juan D. Franco, Defendants-Appellants.

Defendants On Time Car Service Corp. and Juan D. Franco appeal from an order of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered February 7, 2008, which granted plaintiff's motion to vacate a prior order (same court and Judge), which granted, on plaintiff's default, defendants' respective motions for summary judgment dismissing the complaint.

Per Curiam.

Order (Julia I. Rodriguez, J.), entered February 7, 2008, reversed, with $10 costs, plaintiff's motion to vacate her default denied, and the prior order granting defendants-appellants' respective motions for summary judgment dismissing the complaint reinstated.

Even assuming, in plaintiff's favor, that she demonstrated a reasonable excuse for her default, she failed to submit competent medical evidence demonstrating that she sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the underlying automobile accident (see Mora v Scarpitta, 52 AD3d 663 [2008]; Vargas v Ahmed, 41 AD3d 328 [2007]; see also QRT Assocs., Inc. v Mouzouris, 40 AD3d 326 [2007]). In the absence of the requisite showing of a potentially meritorious claim, plaintiff was not entitled to vacatur of the prior order that was issued on her default.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: November 06, 2009