STATE FARM MUT. AUTO. INS. CO. v. SURGICORE OF JERSEY CITY, LLC

Index No. 161692/18. Appeal No. 13992-13992A. Case No. 2020-02906. 2020-02907.

195 A.D.3d 454 (2021)

149 N.Y.S.3d 68

2021 NY Slip Op 03536

State Farm Mutual Automobile Insurance Company, Appellant, v. Surgicore of Jersey City, LLC, et al., Defendants, and Wellmart RX, Inc., Respondent.

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

Decided June 3, 2021.


Attorney(s) appearing for the Case

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

Concur— Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Oing, JJ.


In support of its motion for entry of a default judgment plaintiff submitted evidence of defendants' defaults after proper service, as well as an affidavit of its no-faults claims representative sufficiently setting forth the basis for plaintiff's claims seeking a declaration of noncoverage (see CPLR 3215[f]; Woodson v Mendon Leasing Corp., 100 N.Y.2d 62, 70-71 [2003]). The claim representative's affidavit set forth the factual...

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