| Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. |
| 2025 NY Slip Op 51513(U) [87 Misc 3d 127(A)] |
| Decided on August 8, 2025 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Sandra E. Roper, J.), dated January 12, 2024. The order, insofar as appealed from as limited by the brief, granted the branches of defendant's motion seeking to open its default and to compel plaintiff to accept defendant's amended answer.
ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by the brief, from so much of an order of the Civil Court (Sandra E. Roper, J.) as granted the branches of defendant's motion seeking to open its default and to compel plaintiff to accept defendant's amended answer.
Contrary to plaintiff's contentions, we find that the Civil Court did not improvidently exercise its discretion in granting the branches of defendant's motion seeking to open its default and to compel plaintiff to accept defendant's amended answer (see Arroyo v Starrett City, Inc., 170 AD3d 929 [2019]; Lyubomirsky v Lubov Arulin, PLLC, 125 AD3d 614 [2015]).
Accordingly, the order, insofar as appealed from, is affirmed.
TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.
ENTER: