Legal Opinion

A.B. Medical Services PLLC v. Travelers Property Casualty Corp.

Appellate Terms of the Supreme Court of New York

Decided December 1, 2004Published

1Opinion of the Court

*54OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously modified by providing that the denial of plaintiffs’ motion for leave to enter a default judgment is without prejudice to plaintiffs renewing their motion upon proper papers within 30 days of the date of the order entered hereon and by denying defendant’s cross motion in its entirety; as so modified, affirmed without costs.

In this action to recover assigned first-party no-fault benefits, following defendant’s default in answering the complaint, plaintiffs moved for leave to enter a default judgment. In support of its…

2Cases cited11 opinions

  1. Miles v. Blue Label Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Joosten v. GaleAppellate Division of the Supreme Court of the State of New York · 1987
  3. Kaplinsky v. MazorAppellate Division of the Supreme Court of the State of New York · 2003
  4. Barajas v. Toll Bros.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Mullins v. DiLorenzoAppellate Division of the Supreme Court of the State of New York · 1993

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