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Pavlova v. Nationwide Ins.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Dec 13, 2019
66 Misc. 3d 130 (N.Y. App. Term 2019)

Opinion

2018-1316 K C

12-13-2019

KSENIA PAVLOVA, D.O., as Assignee of Ortiz, Jorge, Appellant, v. NATIONWIDE INS., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Harris J. Zakarin, P.C. (Harris J. Zakarin of counsel), for respondent.


The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.

Harris J. Zakarin, P.C. (Harris J. Zakarin of counsel), for respondent.

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ

ORDERED that the order entered March 27, 2018 is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which denied plaintiff's motion to vacate the order of that court entered October 6, 2016 granting, on default, defendant's motion for summary judgment dismissing the complaint.

"Pursuant to CPLR 5015 (a) (1), a court may vacate a default in opposing a motion where the moving party demonstrates both a reasonable excuse for the default and the existence of a meritorious defense to the motion" ( SS Constantine & Helen's Romanian Orthodox Church of Am. v. Z. Zindel, Inc. , 44 AD3d 744, 744-745 [2007] ). "The determination of what constitutes a reasonable excuse lies within the sound discretion of the ... [c]ourt" ( Deutsche Bank Natl. Trust Co. v. Saketos , 158 AD3d 610, 612 [2018] ). We find that the Civil Court did not improvidently exercise its discretion in finding that plaintiff had failed to demonstrate a reasonable excuse for its default.

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.


Summaries of

Pavlova v. Nationwide Ins.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Dec 13, 2019
66 Misc. 3d 130 (N.Y. App. Term 2019)
Case details for

Pavlova v. Nationwide Ins.

Case Details

Full title:Ksenia Pavlova, D.O., as Assignee of Ortiz, Jorge, Appellant, v…

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Dec 13, 2019

Citations

66 Misc. 3d 130 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 52056
120 N.Y.S.3d 557