Jamaica Med. Supply, Inc. v MVAIC

Oct 27, 2011
2009-2309 K C
Versions:33 Misc 3d 134(A)
2011 NY Slip Op 52008(U)

Decided on October 27, 2011

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ

Jamaica Medical Supply, Inc. as Assignee of ERICA MASSEY and DIANA SUE, Respondent,

against

MVAIC, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered September 17, 2009. The order denied defendant‘s motion to vacate a default judgment.

ORDERED that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court denied a motion by defendant Motor Vehicle Accident Indemnification Corp. (sued herein as MVAIC) to vacate the default judgment entered against it. Contrary to MVAIC‘s contention, Insurance Law § 5214 does not bar the entry of a default judgment against MVAIC in an action in which MVAIC is the named defendant and has defaulted (see Omega Diagnostic Imaging, P.C. v MVAIC, 31 Misc 3d 143[A], 2011 NY Slip Op 50867[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; Craniofacial Pain Mgt. v MVAIC, 29 Misc 3d 130[A], 2010 NY Slip Op 51843[U] [App Term, 2d, 11th & 13th Jud Dists 2010]; A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp., 25 Misc 3d 138[A], 2009 NY Slip Op 52363[U] [App Term, 2d, 11th & 13th Jud Dists 2009]). MVAIC‘s moving papers did not demonstrate the existence of a reasonable excuse for its default and made no attempt to establish that MVAIC possessed a meritorious defense. MVAIC‘s belated attempt to establish a meritorious defense in its reply papers was not properly before the court and therefore the court was correct to disregard it (Juseinoski v Board of Educ. of City of NY, 15 AD3d 353, 355 [2005]).

Accordingly, the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.

Decision Date: October 27, 2011