| Pediatric Urology Assoc., P.C. v Becher |
| 2009 NY Slip Op 50126(U) [22 Misc 3d 130(A)] |
| Decided on January 28, 2009 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant Yehudah Becher appeals from (1) a judgment of the Civil Court of the City of New
York, Bronx County (Raul Cruz, J.), entered February 28, 2008, which awarded plaintiff, upon default,
the sum of $1,505; (2) an order (same court and Judge), entered April 8, 2008, which denied his
motion to vacate the default judgment; and (3) an order (same court and Judge), entered April 30,
2008, which denied his motion for reargument.
Per Curiam.
Order (Raul Cruz, J.), entered April 8, 2008, affirmed, without costs. Appeals from order (Raul Cruz, J.), entered April 30, 2008, and judgment (Raul Cruz, J.), entered February 28, 2008, dismissed, without costs, as nonappealable.
We find no abuse of discretion in the denial of appellant's motion to vacate the judgment entered
against him upon his default in appearing at trial, appellant having failed to establish a meritorious
defense to the action. Appellant was obligated to pay the reasonable value of the medical services
undisputedly rendered to his nine-year-old daughter, and this even accepting that the services were
rendered at the request of his former wife (see Family Court Act § 413; Mary
Imogene Bassett Hosp. v Dahlberg, 229 AD2d 781 [1989]; Albany Med. Ctr. Hosp. v
Johnston, 102 AD2d 915 [1984]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
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Decision Date: January 28, 2009