SURE WAY NY INC v. FARM BUREAU MUTUAL INS CO (2021)

Supreme Court, Appellate Term, New York,

SURE WAY NY, INC., as Assignee of Mims, Nathaniel, Respondent, v. FARM BUREAU MUTUAL INS. CO., Appellant.

2018-1191 K C

Decided: July 02, 2021

PRESENT: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ.

Jacobson & Schwartz, LLP (Gary R. Schwartz of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

ORDERED that the order is reversed, with $30 costs, and defendant's motion to vacate the default judgment is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which denied defendant's motion to vacate a judgment of that court entered upon defendant's failure to appear or answer the complaint.

For the reasons stated in Daily Med. Equip. Distrib. Ctr., Inc., as Assignee of Balderrna, David v American Ind. Ins. Co. (––– Misc 3d ––––, 2021 NY Slip Op –––– [appeal No. 2019-341 K C], decided herewith), the order is reversed and defendant's motion to vacate the default judgment is granted.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

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