Michael Palmeri, M.D., PLLC v General Assur. Co.

[*1] Michael Palmeri, M.D., PLLC v General Assur. Co. 2010 NY Slip Op 51879(U) [29 Misc 3d 131(A)] Decided on November 4, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 4, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570429/10.

Michael Palmeri, M.D., PLLC, as Assignee of Santa Reyes, Plaintiff-Respondent,

against

General Assurance Company, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), dated May 15, 2008, which denied its motion to vacate a March 18, 2008 order (same court and Judge) that struck its answer and entered a default judgment against it.

Per Curiam.

Order (Fernando Tapia, J.), dated May 15, 2008, affirmed, without costs.

Defendant did not present a reasonable excuse for its failure to provide written responses to plaintiff's disclosure requests or its failure to submit opposition papers to plaintiff's motion to strike defendant's answer pursuant to CPLR 3126. Therefore, Civil Court providently exercised its discretion in denying defendant's motion to vacate a default judgment entered against it following its failure to oppose plaintiff's motion to strike.

Even assuming that defendant's argument regarding its request for an adjournment of plaintiff's motion to strike is properly before us, Civil Court providently exercised its discretion in denying that request (see generally Santora & McKay v Mazzella, 211 AD2d 460, 462 [1995]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 04, 2010