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

Decided on February 27, 2026

2024-1249 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 9, 2024. The order granted defendant's motion to vacate a judgment entered November 20, 2023 pursuant to a default under a settlement.

[*1]

ORDERED that the order is modified by granting defendant's motion only to the extent of vacating so much of the November 20, 2023 judgment as awarded plaintiff $850 in attorney's fees; as so modified, 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 of the Civil Court (Andrea S. Ogle, J.) dated October 9, 2024 granting the branch of defendant's motion seeking 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 and implicitly denying, as moot, the branch of defendant's motion seeking the alternative relief of resettling and recalculating the judgment to eliminate the awards for attorney's fees and interest.

For the reasons stated in Biofeedback & Psychological Servs., as Assignee of Chrysoula Karametros v Country-Wide Ins. Co., — Misc 3d —, 2026 NY Slip Op — [appeal No. 2025-383 Q C], decided herewith), the order is modified by granting defendant's motion only to the extent [*2]of vacating so much of the November 20, 2023 judgment as awarded plaintiff $850 in attorney's fees.

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

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: February 27, 2026