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PIERRE RENELIQUE v. ALLSTATE

2017-1761 KC.

64 Misc.3d 98 (2019)

105 N.Y.S.3d 787

2019 NY Slip Op 29225

PIERRE J. RENELIQUE PHYSICIAN, P.C., as Assignee of Jose Mercado, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

July 19, 2019.

Attorney(s) appearing for the Case

The Rybak Firm, PLLC ( Damin J. Toell and Karina Barska of counsel) for appellant.

Peter C. Merani, P.C. ( Eric M. Wahrburg and Samuel Kamara of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and the branch of defendant's motion seeking, pursuant to CPLR 5015 (a)(1), to vacate the default judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, a judgment was entered on April 15, 2016, upon defendant's failure to appear or answer the complaint. Defendant thereafter moved to, among other things, vacate the default...

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