Ocean Diagnostic Imaging P.C. v State Farm Mut. Auto. Ins. Co.

[*1] Ocean Diagnostic Imaging P.C. v State Farm Mut. Auto. Ins. Co. 2006 NY Slip Op 50581(U) [11 Misc 3d 139(A)] Decided on April 6, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 6, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ
2005-567 K C.

Ocean Diagnostic Imaging P.C., a/a/o George Prince, Stephanie Florian and Daunte Gray, Appellant,

against

State Farm Mutual Automobile Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Eileen Nadelson, J.), entered January 14, 2005. The order granted defendant's motion to vacate the default judgment.

Order affirmed without costs.

In this action to recover assigned first-party no-fault benefits, a default judgment was entered and defendant moved to vacate same. Upon a review of the record, we [*2]
find no basis upon which to disturb the lower court's finding that defendant established both a reasonable excuse for its default and a meritorious defense to the action
(see Titan Realty Corp. v Schlem, 283 AD2d 568 [2001]; Matter of Gambardella v Ortov Light., 278 AD2d 494 [2000]). Accordingly, the lower court's order granting defendant's motion to vacate the default judgment should be affirmed.

Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: April 6, 2006