Doctors for Surgery, PLLC v. Aristide

• Decision Date: 24 March 2021
• Docket Number: 2019–07577,Index No. 608800/17
• Citation: 192 A.D.3d 991,140 N.Y.S.3d 770 (Mem)
• Parties: DOCTORS FOR SURGERY, PLLC, respondent, v. Sherwood ARISTIDE, appellant.
• Court: New York Supreme Court — Appellate Division

192 A.D.3d 991
140 N.Y.S.3d 770 (Mem)

DOCTORS FOR SURGERY, PLLC, respondent,
v.
Sherwood ARISTIDE, appellant.

2019–07577
Index No. 608800/17

Supreme Court, Appellate Division, Second Department, New York.

Submitted—December 1, 2020
March 24, 2021

Blackman & Melville, P.C., New York, N.Y. (Denise A. Melville–Blackman of counsel), for appellant.

Lasky & Steinberg, P.C., Garden City, N.Y. (Sean R. Lasky of counsel), for respondent.

MARK C. DILLON, J.P., SYLVIA O. HINDS–RADIX, ROBERT J. MILLER, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In an action to recover damages for breach of contract, on an account stated, and for an award of attorneys' fees, the defendant appeals from an order of the Supreme Court, Nassau County (James P. McCormack, J.), entered May 1, 2019. The order, insofar as appealed from, denied that branch of the defendant's motion which was for leave to reargue his prior motion to vacate an order of the same court entered June 11, 2018, granting the plaintiff leave to file a default judgment against the defendant, which prior motion had been denied in an order of the same court entered November 14, 2018, and, upon renewal, adhered to the determination in the order entered November 14, 2018.

ORDERED that the appeal from so much of the order entered May 1, 2019, as denied that branch of the defendant's motion which was for leave to reargue is dismissed; and it is further,

ORDERED that the order entered May 1, 2019, is affirmed insofar as reviewed; and it is further,

ORDERED that the plaintiff is awarded one bill of costs.

The plaintiff allegedly rendered medical services to the defendant, for which the defendant agreed, in writing, to pay. The plaintiff commenced the instant action against the defendant to recover damages for breach of contract, on an account stated, and for an award of attorneys' fees. The defendant answered the complaint. On June 6, 2018, the defendant failed to appear for a scheduled compliance conference. Accordingly, by order entered June 11, 2018, the Supreme Court granted the plaintiff leave to file a default judgment against the defendant pursuant to 22 NYCRR...