[*1]
Art of Healing Medicine, P.C. v Allstate Ins. Co.
2023 NY Slip Op 51472(U) [81 Misc 3d 141(A)]
Decided on December 22, 2023
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 2023
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PHILLIP HOM, J.P., WAVNY TOUSSAINT, CHEREÉ A. BUGGS, JJ
2023-514 K C

Art of Healing Medicine, P.C., as Assignee of Aduard Sirotin and Natalya Spivak, Appellant,

against

Allstate Insurance Company, Respondent.


Petre and Associates, P.C. (Mark Petre of counsel), for appellant. The Law Office of John Trop (Jeff G. Winston of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Keisha M. Alleyne, J.), dated March 8, 2023. The order granted defendant's motion to vacate a judgment of that court entered March 28, 2022 upon defendant's failure to appear or answer the complaint and to compel plaintiff to accept defendant's answer.

ORDERED that the order is reversed, with $30 costs, and defendant's motion to vacate the default judgment entered March 28, 2022 and to compel plaintiff to accept defendant's answer is denied.

For the reasons stated in Art of Healing Med., P.C., as Assignee of Ketevan Ramishvili v Allstate Ins. Co. (— Misc 3d —, 2023 NY Slip Op [appeal No. 2023-513 K C], decided herewith), the order is reversed and defendant's motion to vacate the default judgment entered March 28, 2022 and to compel plaintiff to accept defendant's answer is denied.

HOM, J.P., TOUSSAINT and BUGGS, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 22, 2023