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AMERICAN TRANSIT INS. CO. v. BAUCAGE

2607, 651602/15.

146 A.D.3d 413 (2017)

2017 NY Slip Op 00015

45 N.Y.S.3d 29

AMERICAN TRANSIT INSURANCE COMPANY, Respondent, v. GERBERT BAUCAGE et al., Defendants, and INNOVATIVE MEDICAL HEIGHTS, P.C., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 3, 2017.

Supreme Court properly granted plaintiff's motion for a default judgment. The record demonstrates that plaintiff submitted proof that it served Innovative Medical with the summons and complaint, Innovative Medical does not deny that it was received, and Innovative Medical failed to set forth a reasonable excuse as to why it failed to timely answer the complaint (see CPLR 3215 [a], [f]). Innovative Medical's claim that plaintiff...

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