Orthotics & Professional Supply, Ltd., as Assignee of Haseeb Jahur, Appellant, v. Country-Wide Insurance Company, Respondent. (2026)

ORDERED that the order is modified by granting defendant's motion only to the extent of vacating so much of the November 20, 2023 judgment as awarded plaintiff $850 in attorney's fees; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court (Andrea S. Ogle, J.) dated October 9, 2024 granting the branch of defendant's motion seeking to vacate a judgment entered pursuant to CPLR 5003-a (e) on November 20, 2023 based on defendant's alleged failure to pay a settlement and implicitly denying, as moot, the branch of defendant's motion seeking the alternative relief of resettling and recalculating the judgment to eliminate the awards for attorney's fees and interest.

For the reasons stated in Biofeedback & Psychological Servs., as Assignee of Chrysoula Karametros v Country-Wide Ins. Co., ___ Misc 3d ____, 2026 NY Slip Op ____ [appeal No. 2025-383 Q C], decided herewith), the order is modified by granting defendant's motion only to the extent of vacating so much of the November 20, 2023 judgment as awarded plaintiff $850 in attorney's fees.

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

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: February 27, 2026