Legal Opinion

Mercury Casualty Co. v. Surgical Center at Milburn, LLC

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

Decided September 15, 2009PublishedCited by 14 opinions

1Opinion of the Court

In an action for a judgment declaring that the policy of insurance issued by the plaintiff to the defendant’s assignor does not cover a claim for surgical services performed on October 9, 2006, the plaintiff appeals from an order of the Supreme Court, Nassau County (Feinman, J.), entered November 13, 2008, which, inter alia, denied its motion pursuant to CPLR 3215 for leave to enter judgment upon the defendant’s default in appearing or answering the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court,…

2Cases cited5 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Baldwin v. MateogarciaAppellate Division of the Supreme Court of the State of New York · 2008
  3. Allstate Insurance v. AustinAppellate Division of the Supreme Court of the State of New York · 2008
  4. Grinage v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  5. Matone v. Sycamore Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2008

3Cited by14 opinions

  1. C&H Import & Export, Inc. v. MNA Global, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Triangle Properties 2, LLC v. NarangAppellate Division of the Supreme Court of the State of New York · 2010
  3. Jing Shan Chen v. R & K 51 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Liberty County Mutual v. Avenue I Medical, P.C.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Kolonkowski v. Daily News, L.P.Appellate Division of the Supreme Court of the State of New York · 2012

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