Global Liberty Ins. Co. v. W. Joseph Gorum, M.D., P.C.

• Citation: 2016 N.Y. Slip Op. 06680,143 A.D.3d 768,39 N.Y.S.3d 193
• Parties: GLOBAL LIBERTY INSURANCE COMPANY, appellant, v. W. Joseph GORUM, M.D., P.C., as assignee of Maldotha Conyers, et al., respondents.
• Decision Date: 12 October 2016
• Court: New York Supreme Court — Appellate Division

143 A.D.3d 768
39 N.Y.S.3d 193
2016 N.Y. Slip Op. 06680

GLOBAL LIBERTY INSURANCE COMPANY, appellant,
v.
W. Joseph GORUM, M.D., P.C., as assignee of Maldotha Conyers, et al., respondents.

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

Oct. 12, 2016.

39 N.Y.S.3d 193

The Law Office of Jason Tenenbaum, P.C., Garden City, NY, for appellant.

Law Offices of Economou & Economou, P.C., Syosset, NY (Ralph C. Caio of counsel), for respondent Laxmidhar Diwan, M.D., as assignee of Jerry Souffront.

RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, and COLLEEN D. DUFFY, JJ.

143 A.D.3d 768

In an action pursuant to Insurance Law § 5106(c) for a de novo determination of claims for no-fault insurance benefits, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Brown, J.), entered

39 N.Y.S.3d 194

March 9, 2016, as denied those branches of its motion which were (a) for leave to enter a default judgment against the defendant W. Joseph Gorum, M.D., P.C., as assignee of Maldotha Conyers, and (b) for summary judgment on the complaint insofar as asserted against the defendant Laxmidhar Diwan, M.D., as assignee of Jerry Souffront, declaring that it was not obligated to provide insurance coverage, and dismissing the second counterclaim asserted by that defendant.

ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was for leave to enter a default judgment against the defendant W. Joseph Gorum, M.D., P.C., as assignee of Maldotha Conyers, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff, a no-fault insurance carrier, commenced this action pursuant to Insurance Law § 5106(c) for a de novo adjudication of two separate insurance disputes concerning the denial of no-fault claims involving the defendant W. Joseph

143 A.D.3d 769

Gorum, M.D., P.C., as assignee of Maldotha Conyers, and the defendant Laxmidhar Diwan, M.D., as assignee of Jerry Souffront. Both Gorum and Diwan had been awarded more than $5,000 against the plaintiff as a result of master arbitration awards.

The plaintiff moved, inter alia, for leave to enter a default judgment against Gorum, which failed to answer the complaint or appear in this action. The Supreme Court denied that branch of the plaintiff's motion...