ART OF HEALING MEDICINE v. ALLSTATE INSURANCE COMPANY (2023)

Supreme Court, Appellate Term, New York,

ART OF HEALING MEDICINE, P.C., as Assignee of Vladimir Reviss and Elvira Yagudayeva, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

2023-516 K C

Decided: December 22, 2023

PRESENT: PHILLIP HOM, J.P., WAVNY TOUSSAINT, CHEREÉ A. BUGGS, JJ.

Petre and Associates, P.C. (Mark Petre of counsel), for appellant. The Law Office of John Trop (Jeff G. Winston of counsel), for respondent.

ORDERED that the order is reversed, with $30 costs, and defendant's motion to vacate the default judgment entered May 3, 2022 and to compel plaintiff to accept defendant's answer is denied.

For the reasons stated in Art of Healing Med., P.C., as Assignee of Ketevan Ramishvili v Allstate Ins. Co. (––– Misc 3d ––––, 2023 NY Slip Op [appeal No. 2023-513 K C], decided herewith), the order is reversed and defendant's motion to vacate the default judgment entered May 3, 2022 and to compel plaintiff to accept defendant's answer is denied.

HOM, J.P., TOUSSAINT and BUGGS, JJ., concur.

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