PROMPT MEDICAL SUPPLY INC v. STATE FARM MUTUAL AUTO INS CO (2019)

Supreme Court, Appellate Term, New York.

PROMPT MEDICAL SUPPLY, INC., as Assignee of Sandra Lindie, Appellant, v. STATE FARM MUTUAL AUTO INS. CO., Respondent.

2017-916 K C

Decided: March 29, 2019

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Rossillo & Licata, P.C. (Melissa A. Berkman, Esq.), for respondent (no brief filed).

ORDERED that the order is affirmed, with $ 25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion to vacate a judgment of that court entered October 12, 2016 upon defendant's failure to appear or answer the complaint, and to compel plaintiff to accept defendant's late answer.

For the reasons stated in Prompt Med. Supply Inc., as Assignee of Gladstone Lawrence v State Farm Mut. Auto Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op. –––– [appeal No. 2017-858 K C], decided herewith), the order is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

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