Opinion
2007-938 K C.
Decided July 10, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), entered November 29, 2006. The order denied defendant's motion to vacate the default judgment entered against it and to extend its time to appear.
Order reversed without costs and defendant's motion to vacate the default judgment entered against it and to extend its time to appear granted. Defendant shall serve and file its answer within 20 days of the date of the order hereon.
PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ.
Plaintiff, a health care provider, obtained a default judgment in this action to recover assigned first-party no-fault benefits. Defendant's motion to, inter alia, vacate the default judgment was denied on the ground that defendant's papers did not establish the existence of a meritorious defense. This appeal by defendant ensued.
The sole issue raised on appeal is whether defendant established that it possessed a meritorious defense to the instant action. In our opinion, since the affidavit executed by defendant's special investigator, which was submitted in support of defendant's motion, "suffice[d] to [demonstrate] issues as to who really operated and controlled plaintiff" ( Midwood Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. , 14 Misc 3d 131[A], 2007 NY Slip Op 50052 [App Term, 2d 11th Jud Dists 2007]), defendant established the existence of a meritorious defense to the action. Accordingly, the order is reversed and defendant's motion granted.
Pesce, P.J., Rios and Steinhardt, JJ., concur.