A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp.

[*1] A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp. 2009 NY Slip Op 52363(U) [25 Misc 3d 138(A)] Decided on August 31, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 31, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2008-2127 K C.

A.B. Medical Services, PLLC, LVOV ACUPUNCTURE, P.C and RW HEALTH PLUS CHIROPRACTIC, P.C. a/a/o TRAMAINE JONES, Appellants,

against

Motor Vehicle Accident Indemnification Corp., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), dated October 27, 2008. The order granted defendant's motion to vacate a default judgment.

Order reversed without costs and defendant's motion to vacate the default judgment denied.

In this action by providers to recover assigned first-party no-fault benefits, the Civil Court granted a motion by defendant Motor Vehicle Accident Indemnification Corp. (MVAIC) to vacate the default judgment entered against it. However, contrary to MVAIC's contention, Insurance Law § 5214 does not bar the entry of a default judgment against MVAIC in an action in which MVAIC is the named defendant and has defaulted. MVAIC's initial moving papers made no attempt to establish that MVAIC possessed a meritorious defense, and its belated attempt to establish a meritorious defense in its reply papers should have been disregarded (Juseinoski v Board of Educ. of City of NY, 15 AD3d 353, 355 [2005]). In view of the foregoing, it is unnecessary to consider whether MVAIC demonstrated a reasonable excuse for its default (see Toland v Young, 60 AD3d 754 [2009]).

Accordingly, the order is reversed and MVAIC's motion to vacate the default judgment is [*2]denied.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: August 31, 2009