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PARISIEN v. ALLSTATE INS. CO.

2020-385 K C.

76 Misc.3d 14 (2022)

174 N.Y.S.3d 525

2022 NY Slip Op 22262

JULES FRANCOIS PARISIEN, M.D., as Assignee of Emma Pierre-Louis, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided August 12, 2022.

Attorney(s) appearing for the Case

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

Abrams, Cohen & Associates, P.C. ( Frank Piccininni of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits from the alleged insurer of its assignor, defendant failed to appear or answer the complaint, and a default judgment was entered on July 26, 2018. On September 6, 2018, defendant served an answer and, in November 2018, it moved to vacate the default judgment. Plaintiff appeals from an...

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