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LINCOLN GEN. INS. v. ALEV MED.

No 2010-387 N C

30 Misc.3d 60 (2011)

LINCOLN GENERAL INSURANCE COMPANY, Appellant, v. ALEV MEDICAL SUPPLY, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided January 10, 2011.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Stuart M. Bodoff of counsel), for appellant.

TANENBAUM, J.P., MOLIA and IANNACCI, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, the complaint is reinstated, and plaintiff's motion for leave to enter a default judgment is granted.

Plaintiff insurer commenced this action against defendant, a provider of durable medical equipment, seeking to recover, based on a theory of unjust enrichment, $2,846.18 in assigned first-party no-fault benefits which had been paid to defendant as assignee of Andrey...

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