Parker v. State Farm Mutual Automobile Insurance

Appeal from an order of the Supreme Court (Malone, Jr., J.), entered June 23, 2005 in Albany County, which, inter alia, granted plaintiffs motion to vacate an order dismissing the complaint.

In this action for payment of no-fault benefits for medical expenses arising from injuries allegedly sustained in a motor vehicle accident, defendant moved for dismissal of the complaint, pursuant to CPLR 3126, claiming plaintiffs willful failure to respond to certain discovery demands. Upon plaintiffs default in responding to that motion, Supreme Court dismissed the complaint in February 2005. Thereafter,…