| Horizon Radiology, P.C. v Allstate Prop. & Cas. Ins. Co. |
| 2013 NY Slip Op 51916(U) [41 Misc 3d 138(A)] |
| Decided on November 12, 2013 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County
(Barry A. Schwartz, J.), entered December 6, 2011. The order, insofar as appealed from,
granted the branch of defendant's motion seeking to vacate a default judgment pursuant
to CPLR 5015 (a) (1).
ORDERED that the appeal is dismissed.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order granting the branch of defendant's motion seeking to vacate a default judgment pursuant to CPLR 5015 (a) (1). By subsequent order entered November 19, 2012, the Civil Court granted defendant's unopposed motion for summary judgment dismissing the complaint. In light of the November 19, 2012 order, this appeal must be dismissed as academic (see Livny v Rotella, 305 AD2d 377 [2003]; Cherico, Cherico & Assoc. v Lamanna, 21 Misc 3d 137[A], 2008 NY Slip Op 52292[U] [App Term, 9th & 10th Jud Dists 2008]).
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: November 12, 2013