Interboro Insurance v. Perez

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered April 12, 2013, which denied plaintiffs motion for leave to enter a default judgment against all defendants and granted the cross motion of defendants-respondents KHL Acupuncture, EC. and South Shore Osteopathic Medicine, EC., to compel acceptance of their answers, unanimously affirmed, without costs.

In this action for a declaration that no-fault insurance coverage does not exist, based solely on defendant Perez’s failure to appear for an examination under oath (EUO), the motion court providently exercised its discretion in…