[*1]
Modern Art Med., P.C. v MVAIC
2012 NY Slip Op 50395(U) [34 Misc 3d 155(A)]
Decided on March 2, 2012
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 2, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2010-1735 K C.

Modern Art Medical, P.C. as Assignee of AHMED SALEH and EBRAIHM SALEH, Appellant, —

against

MVAIC, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered February 5, 2010. The order denied plaintiff's motion for leave to enter a default judgment and granted defendant's cross motion to open its default and compel plaintiff to accept defendant's late answer.


ORDERED that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order which denied its motion for leave to enter a default judgment and granted defendant's cross motion to open its default and compel plaintiff to accept defendant's late answer. Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion when it denied plaintiff's motion for leave to enter a default judgment and granted defendant's cross motion to open its default and compel plaintiff to accept defendant's late answer (see Westchester Med. Ctr. v Allstate Ins. Co., 80 AD3d 695 [2011]; Covaci v Whitestone Constr. Corp., 78 AD3d 1108 [2010]). Accordingly, the order is affirmed. [*2]

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: March 02, 2012