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
Nursing Personnel Homecare v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 50450(U)(App. Term 2d Dept. 2010) “In support of defendant’s motion to
This is a most interesting case. I will discuss my thoughts in some detail because this case seems to possibly support the inference that a default
In Westchester Med. Ctr. v Philadelphia Indem. Ins. Co., 2010 NY Slip Op 00138 (2d Dept. 2010), the Appellate Division held that an entered clerk’s judgment
In Chechen v Spencer, 2009 NY Slip Op 09177 (2d Dept. 2009), law office failure (again) was discussed: “After the plaintiff failed to appear at a
