Legal Opinion

Medical Care Services, P. C. v. Allstate Insurance

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 2001Published

1Opinion of the Court

—In an action to recover no-fault insurance benefits for medical services rendered, the plaintiff appeals from an order of the Supreme Court, Nassau County (Parga, J.), dated March 22, 2000, which granted the defendant’s motion pursuant to CPLR 5015 (a) and conditionally vacated its default in answering the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant’s motion and conditionally vacating its default in answering the complaint. The defendant sustained its burden of providing a reasonable excuse for its…

2Cases cited3 opinions

  1. Nikac v. RukajAppellate Division of the Supreme Court of the State of New York · 2000
  2. Misra & Associates, P. C. v. 1155 Dekalb Ave. Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Mercado v. OspinaAppellate Division of the Supreme Court of the State of New York · 2000

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