SZ Med. P.C. v. Allstate Ins. Co.

Full title: SZ MEDICAL P.C. LIFE CHIROPRACTIC P.C. SOMUN ACUPUNCTURE P.C. A/A/O…

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

Date published: May 19, 2005

2005 N.Y. Slip Op. 50746 (N.Y. App. Term 2005)

Opinion

2004766QC

Decided on May 19, 2005.

Appeal by plaintiffs from an order of the Civil Court, Queens County (D. Butler, J.), entered March 10, 2004, which granted defendant's motion, inter alia, to vacate a default judgment.

Order unanimously affirmed without costs.

PRESENT: PATTERSON, J.P., GOLIA and RIOS, JJ.

In this action to recover first-party no-fault benefits for medical services rendered to plaintiffs' assignors, a default judgment was entered against defendant. A motion to vacate a default judgment is addressed to the sound discretion of the motion court and the court's determination "will be upheld in the absence of an improvident exercise of that discretion" ( Braddy v. 601 Crown St. Corp., 282 AD2d 638, 639). Upon the totality of the circumstances presented, it cannot be said that the court below improvidently exercised its discretion in granting defendant's motion to vacate the default judgment.