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STATE FARM FIRE AND CASUALTY COMPANY v. AXIAL CHIROPRACTIC, P.C.

Index No. 160264/19. Appeal No. 16057. Case No. 2021-03534.

205 A.D.3d 656 (2022)

167 N.Y.S.3d 391

2022 NY Slip Op 03487

State Farm Fire and Casualty Company, Appellant, v. Axial Chiropractic, P.C., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2022.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Stuart M. Bodoff of counsel), for appellant.

Concur—Acosta, P.J., Renwick, Singh, Moulton, Kennedy, JJ.

This declaratory judgment action concerns claims for no-fault insurance benefits made in connection with an automobile accident that occurred on October 25, 2018. As to the first and second causes of action seeking a declaration of noncoverage because the accident was not a covered event, as it was intentional or staged, plaintiff submitted sufficient evidence warranting entry of a default judgment (see CPLR 3215[f];

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