MIDWOOD ACUPUNCTURE, P.C. v. STATE FARM MUT. AUTO. INS. CO.

2007-938 K C.

2008 NY Slip Op 51551 (U)

MIDWOOD ACUPUNCTURE, P.C. A/A/O CHRISTINA A. HENDERSON, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Appellant.

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

Decided July 10, 2008.


Plaintiff, a health care provider, obtained a default judgment in this action to recover assigned first-party no-fault benefits. Defendant's motion to, inter alia, vacate the default judgment was denied on the ground that defendant's papers did not establish the existence of a meritorious defense. This appeal by defendant ensued.

The sole issue raised on appeal is whether defendant established that it possessed a meritorious defense to the instant action. In our opinion...

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