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SZ MED., P.C. v. LUMBERMENS CO.

2008-2015 Q C.

27 Misc.3d 35 (2010)

899 N.Y.S.2d 796

SZ MEDICAL, P.C., et al., as Assignee of Clarice Cowan, Appellants, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 5, 2010.

Attorney(s) appearing for the Case

Amos Weinberg , Great Neck, for appellants.

Law Office of Paul Verbesey, Malverne, for respondent.

PESCE and RIOS, JJ., concur; GOLIA, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed without costs, defendant's motion to vacate the default judgment is denied and the default judgment is reinstated.

In this action by providers to recover assigned first-party no-fault benefits, plaintiffs moved for summary judgment and defendant failed to submit opposition. By order entered October 10, 2003, the Civil Court granted...

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