Farrell Forwarding Co., Inc. v Alison Transp., Inc., 2014 NY Slip Op 05507 (2d Dept. 2014) “After the plaintiff failed to appear at a court-ordered conference,
DJS Med. Supplies, Inc. v Infinity Ins. Co., 2013 NY Slip Op 52073(U)(App. Term 2d Dept. 2013) ‘Plaintiff commenced this action in April 2006 to recover
Gurin v Pogge, 2013 NY Slip Op 08174 (3d Dept. 2013) “In November 2011, defendants moved to vacate the default judgment, putting in dispute the contents of
Taveras v Philibert, 2013 NY Slip Op 04420 (1st Dept. 2013) “The motion court properly denied plaintiffs’ CPLR 5015(a)(1) motion to vacate the prior order, granted on
Manhattan Telecom. Corp. v H & A Locksmith, Inc., 2013 NY Slip Op 03867 (2013) “On November 5, 2009, Vanunu moved to vacate the judgment, asserting that
City Dental Servs., P.C. v Country Wide Ins. Co.,2013 NY Slip Op 50474(U)(App. Term 2d Dept. 2013) “In this action by a provider to recover assigned
D & r Med. Supply, Inc. v American Tr. Ins. Co., 2012 NY Slip Op 50785(U)(App. Term 2d Dept. 2012). “In this action by a provider
State Farm Mut. Auto. Ins. Co. v Young, 2012 NY Slip Op 50686(U)(App. Term 2d Dept. 2012) “Upon defendants’ default in answering or appearing, an inquest
Rally Chiropractic, P.C. v MVAIC, 2012 NY Slip Op 50325(U)(App. Term 1st Dept. 2012) The record shows that defendant’s failure to appear at the compliance conference
Eagle Surgical Supply, Inc. v QBE Ins. Co., 2011 NY Slip Op 51455(U)(App. Term 2d Dept., 2011) “In support of its motion, plaintiff proffered neither a
Omega Diagnostic Imaging, P.C. v MVAIC, 2011 NY Slip Op 50867(U)(App. Term 2d Dept. 2011) “In this action by a provider to recover assigned first-party no-fault
Pena-Vazquez v Beharry, 2011 NY Slip Op 02462 (1st Dept. 2011) “In any event, the settlement discussions between plaintiffs and defendants’ insurer constitute a reasonable excuse
Gateway Med., P.C. v Progressive Ins. Co., 2011 NY Slip Op 50336(U)(App. Term 2d Dept. 2011) “The record reveals that an acknowledgment of receipt was never
I usually do not post too heavily involving issues of vacatur of defaults via law office failure. Yet, the last few no-fault cases I have seen
Goodwin v New York City Hous. Auth., 2010 NY Slip Op 08614 (1st Dept. 2010) “Order…denied plaintiffs’ motion to vacate a prior order that had dismissed
Case #1: Viviane Etienne Med. Care, P.C. v Alea N. Am. Ins. Co., 2010 NY Slip Op 52011(U)(App. Term 2d Dept. 2010) “The administrator finally obtained
Two points of law. First, late answering papers should be accepted if there is a reasonable basis for their untimeliness. Absent papers being served a week
A.M. Med. Servs., P.C. v Liberty Mut. Ins. Co., 2010 NY Slip Op 20416 (App. Term 2d Dept. 2010) “Defendant argued that the default judgment had
If you remember, the Appellate Term and Appellate Division has been beginning, in no-fault cases, to require the movant of a default judgment to offer proof,
Balance Chiropractic, P.C. v Property & Cas. Ins. Co. of Hartford, 2010 NY Slip Op 50889(U)(App. Term 2d Dept. 2010) “The motion was unopposed. The Civil
