Opinion
No. 2010–1735 K C.
2012-03-2
MODERN ART MEDICAL, P.C. as Assignee of Ahmed Saleh and Ebraihm Saleh, Appellant, v. MVAIC, Respondent.
Present: PESCE, P.J., WESTON and RIOS, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered February 5, 2010. The order denied plaintiff's motion for leave to enter a default judgment and granted defendant's cross motion to open its default and compel plaintiff to accept defendant's late answer.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order which denied its motion for leave to enter a default judgment and granted defendant's cross motion to open its default and compel plaintiff to accept defendant's late answer. Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion when it denied plaintiff's motion for leave to enter a default judgment and granted defendant's cross motion to open its default and compel plaintiff to accept defendant's late answer ( see% Westchester Med. Ctr. v. Allstate Ins. Co., 80 AD3d 695 [2011];Covaci v. Whitestone Constr. Corp., 78 AD3d 1108 [2010] ). Accordingly, the order is affirmed.