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PARKER v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

26 A.D.3d 719 (2006)

808 N.Y.S.2d 913

MARGARET M. PARKER, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 23, 2006.

CARDONA, P.J.

In this action for payment of no-fault benefits for medical expenses arising from injuries allegedly sustained in a motor vehicle accident, defendant moved for dismissal of the complaint, pursuant to CPLR 3126, claiming plaintiff's willful failure to respond to certain discovery demands. Upon plaintiff's default in responding to that motion, Supreme Court dismissed the complaint in February 2005. Thereafter, plaintiff moved to vacate that order. Supreme...

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