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NEUROLOGY & ACUPUNCTURE SERV., P.C. v. STATE FARM MUT. AUTO. INS. CO.

2006-1960 K C.

2008 NY Slip Op 51755 (U)

NEUROLOGY and ACUPUNCTURE SERVICE, P.C. A/A/O MARTHA GAVILANES, ZULAN PIEDRAHITA and HERNAN MALDOMADO, Appellant, v. STATE FARM MUTUAL AUTOMOBILE iNS. cO., rESPONDENT.

Appellate Term of the Supreme Court of New York, Second Department.

Decided August 19, 2008.

In order to vacate the default judgment entered in this action to recover assigned first-party no-fault benefits, defendant was required to establish, pursuant to CPLR 5015 (a) (1), both a reasonable excuse for the default and a meritorious defense (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). We find that there is no support in the record for the determination that defendant had a reasonable excuse...

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