MARKET STREET SURGICAL CENTER v. AUTOONE INSURANCE COMPANY (2019)

ORDERED that the order entered November 22, 2017 is reversed, with $30 costs, plaintiff's motion to vacate the order entered January 14, 2016 is denied and the order entered January 14, 2016 is reinstated.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff's motion to vacate an order of that court entered January 14, 2016 granting, on default, defendant's motion for, among other things, summary judgment dismissing the complaint.

“Pursuant to CPLR 5015 (a) (1), a court may vacate a default in opposing a motion where the moving party demonstrates both a reasonable excuse for the default and the existence of a meritorious defense to the motion” (SS Constantine & Helen's Romanian Orthodox Church of Am. v. Z. Zindel, Inc., 44 AD3d 744, 744-745 [2007]). As plaintiff failed to demonstrate that it possessed a meritorious defense to defendant's motion, plaintiff's motion to vacate its default should have been denied.

Accordingly, the order entered November 22, 2017 is reversed, plaintiff's motion to vacate the order entered January 14, 2016 is denied and the order entered January 14, 2016 is reinstated.

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