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A.M. MEDICAL v. AVIS RENT A CAR

Appellate Term of the Supreme Court of New York, Second Department
Oct 20, 2009
2009 N.Y. Slip Op. 52177 (N.Y. App. Term 2009)

Opinion

JJ 2008-1620 Q C.

Decided October 20, 2009.

Appeal from an order of the Civil Court of the City of New York, Queens County (Thomas D. Raffaele, J.), entered August 8, 2008. The order, insofar as appealed from, granted so much of a motion by defendant as sought to vacate an order granting plaintiff's unopposed motion for summary judgment and the judgment entered pursuant thereto.

ORDERED that the order, insofar as appealed from, is affirmed without costs.

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.


In order to vacate the order granting plaintiff's unopposed motion for summary judgment and the judgment entered pursuant thereto, defendant was required to establish both a reasonable excuse for its default and a meritorious defense ( see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138, 141). The affidavits submitted by defendant in support of its motion suffice to establish that defendant had a reasonable excuse for its failure to oppose plaintiff's motion for summary judgment.

Defendant also demonstrated that it has a meritorious defense and raised a triable issue of fact. The affidavit submitted by defendant sufficiently established that the denial of claim forms were timely mailed in accordance with defendant's standard office practice and procedure ( see Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins. , 17 Misc 3d 16 [App Term, 2d 11th Jud Dists 2007]). Furthermore, defendant submitted two affirmed peer review reports, each explaining why the services billed for were not medically necessary ( see A. Khodadadi Radiology, P.C. v NY Cent. Mut. Fire Ins. Co. , 16 Misc 3d 131[A], 2007 NY Slip Op 51342[U] [App Term, 2d 11th Jud Dists 2007]).

Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.


Summaries of

A.M. MEDICAL v. AVIS RENT A CAR

Appellate Term of the Supreme Court of New York, Second Department
Oct 20, 2009
2009 N.Y. Slip Op. 52177 (N.Y. App. Term 2009)
Case details for

A.M. MEDICAL v. AVIS RENT A CAR

Case Details

Full title:A.M. MEDICAL SERVICES, P.C. as assignee of SERGHEI ULIANOV, Appellant, v…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Oct 20, 2009

Citations

2009 N.Y. Slip Op. 52177 (N.Y. App. Term 2009)
901 N.Y.S.2d 904