BURKE PHYSICAL THERAPY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO (2025)

Supreme Court, Appellate Term, New York,

BURKE PHYSICAL THERAPY, P.C., as Assignee of Vega-Bou, Joshua, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Respondent.

2024-70 K C

Decided: August 08, 2025

PRESENT: WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ.

The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by the brief, from so much of an order of the Civil Court (Sandra E. Roper, J.) as granted the branches of defendant's motion seeking to open its default and to compel plaintiff to accept defendant's amended answer.

Contrary to plaintiff's contentions, we find that the Civil Court did not improvidently exercise its discretion in granting the branches of defendant's motion seeking to open its default and to compel plaintiff to accept defendant's amended answer (see Arroyo v Starrett City, Inc., 170 AD3d 929 [2019]; Lyubomirsky v Lubov Arulin, PLLC, 125 AD3d 614 [2015]).

Accordingly, the order, insofar as appealed from, is affirmed.

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

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