Hospital for Joint Diseases v. Dollar Rent A Car

In an action to recover no-fault medical payments under an insurance contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), dated December 14, 2004, as granted that branch of the defendant’s motion which was to vacate a prior order of the same court dated July 29, 2004, granting their motion for summary judgment upon the defendant’s default in opposing the motion.

Ordered that the order is affirmed insofar as appealed from, with costs.

Based on, inter alia, (a) the reasonable excuse presented by the defendant for…