Prompt Med. Supply, Inc. v. State Farm Mut. Auto Ins. Co.

CourtAppellate Terms of the Supreme Court of New York
DecidedMarch 29, 2019
Docket2019 NYSlipOp 50504(U)
StatusPublished

This text of Prompt Med. Supply, Inc. v. State Farm Mut. Auto Ins. Co. (Prompt Med. Supply, Inc. v. State Farm Mut. Auto Ins. Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prompt Med. Supply, Inc. v. State Farm Mut. Auto Ins. Co., (N.Y. Ct. App. 2019).

Opinion



Prompt Medical Supply, Inc., as Assignee of Sandra Lindie, Appellant,

against

State Farm Mutual Auto Ins. Co., Respondent.


Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Rossillo & Licata, P.C. (Melissa A. Berkman, Esq.), for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered December 7, 2016. The order granted defendant's motion to vacate a judgment of that court entered October 12, 2016 upon defendant's failure to appear or answer the complaint, and to compel plaintiff to accept defendant's late answer.

ORDERED that the order 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 granted defendant's motion to vacate a judgment of that court entered October 12, 2016 upon defendant's failure to appear or answer the complaint, and to compel plaintiff to accept defendant's late answer.

For the reasons stated in Prompt Med. Supply Inc., as Assignee of Gladstone Lawrence v State Farm Mut. Auto Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-858 K C], decided herewith), the order is affirmed.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 29, 2019

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Bluebook (online)
Prompt Med. Supply, Inc. v. State Farm Mut. Auto Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/prompt-med-supply-inc-v-state-farm-mut-auto-ins-co-nyappterm-2019.