Legion Ins. Co. v. James, 2010 NY Slip Op 50593(U) (N.Y. App. Term 3/31/2010)

• Decision Date: 31 March 2010
• Docket Number: 2009-937 QC.
• Citation: 2010 NY Slip Op 50593
• Parties: LEGION INSURANCE COMPANY A/S/O MILDRED GUZMAN, JOHN REYNA AND BLANCA ZAMBRANO, Appellant, v. DAVID J. JAMES, Respondent.
• Court: New York Supreme Court — Appellate Term

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2010 NY Slip Op 50593(U)

LEGION INSURANCE COMPANY A/S/O MILDRED GUZMAN, JOHN REYNA AND BLANCA ZAMBRANO, Appellant, v. DAVID J. JAMES, Respondent.

2009-937 QC.

Supreme Court, Appellate Term, Second Department.

Decided March 31, 2010.

Appeal from an order of the Civil Court of the City of New York, Queens County (Timothy J. Dufficy, J.), entered December 11, 2008. The order granted defendant's motion to vacate a default judgment.

ORDERED that the order is affirmed without costs.

PRESENT: WESTON, J.P., GOLIA and RIOS, JJ.

In this subrogation action to recover the amount plaintiff paid in no-fault benefits as a result of the injuries its insureds sustained in a motor vehicle accident, defendant failed to timely appear or answer and, in July 2002, a default judgment was entered against him. Thereafter, defendant moved to vacate the default judgment. Pursuant to a stipulation entered into in June 2007, the default judgment was vacated and defendant's affidavit submitted in support of his motion was deemed his answer. The case was subsequently set down for trial, at which defendant failed to appear. The default judgment was thereafter reinstated. Defendant then moved to vacate the default judgment, which motion was granted by order entered December 11, 2008. The instant...