Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts

Decided on February 27, 2026

2024-1197 Q C

Present: : Wavny Toussaint, P.J., Marina Cora Mundy, Lisa S. Ottley, JJ

Glinkenhouse Queen, Esqs. (Alan Queen of counsel), for appellant. Thomas Torto, for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Andrea S. Ogle, J.), dated October 7, 2024. The order granted defendant's motion to vacate a judgment entered November 20, 2023 pursuant to a settlement.

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ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court (Andrea S. Ogle, J.) dated October 7, 2024 granting defendant's motion to vacate a judgment entered pursuant to CPLR 5003-a (e) on November 20, 2023 based on defendant's alleged failure to pay a settlement. In its motion, defendant contended, among other things, that it was not in default of paying the settlement as plaintiff had failed to tender a duly executed release and stipulation discontinuing the action pursuant to CPLR 5003-a (a), and, therefore, defendant's obligation to pay the settlement had not been triggered.

For the reasons stated in Elite Psychological Servs., P.C., as Assignee of Anel Toussaint-Fils v Country-Wide Ins. Co. (— Misc 3d —, 2026 NY Slip Op — [appeal No. 2025-466 Q C], decided herewith), the order is affirmed.

TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: February 27, 2026