| Omega Diagnostic Imaging, P.C. v MVAIC |
| 2011 NY Slip Op 50867(U) |
| Decided on May 12, 2011 |
| Appellate Term, Second Department |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
PRESENT: : WESTON, J.P., GOLIA and RIOS, JJ
2008-2082 K C.
against
MVAIC, Appellant.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered November 14, 2008. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court denied a motion by defendant Motor Vehicle Accident Indemnification Corp. (sued herein as MVAIC), pursuant to CPLR 5015, to vacate a default judgment entered against it. MVAIC's proffered defense lacks merit since Insurance Law § 5214 does not bar the entry of a default judgment against MVAIC in an action in which MVAIC is the named defendant and has defaulted (see Craniofacial Pain Mgt. v MVAIC, 29 Misc 3d 130[A], 2010 NY Slip Op 51843[U] [App Term, 2d, 11th & 13th Jud Dists 2010]; A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp., 25 Misc 3d 138[A], 2009 NY Slip Op 52363[U] [App Term, 2d, 11th & 13th Jud Dists 2009]). In view of the foregoing, it is unnecessary to consider whether MVAIC demonstrated a reasonable excuse for its default (see Toland v Young, 60 AD3d 754 [2009]).
Weston, J.P., Golia and Rios, JJ., concur.
Decision Date: May 12, 2011