Maiga Prods. Corp. v. American Ind. Ins. Co.

Maiga Prods. Corp. v American Ind. Ins. Co. (2021 NY Slip Op 50638(U)) [*1] Maiga Prods. Corp. v American Ind. Ins. Co. 2021 NY Slip Op 50638(U) [72 Misc 3d 131(A)] Decided on July 2, 2021 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 This opinion is uncorrected and will not be published in the printed Official Reports. Decided on July 2, 2021 SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ 2019-318 K C Maiga Products Corp., as Assignee of Georgy, Charles, Respondent, against American Independent Ins. Co., Appellant. Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent. Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered January 7, 2019. The order granted plaintiff's motion for the entry of a default judgment. ORDERED that the order is reversed, with $30 costs, and plaintiff's motion for the entry of a default judgment is denied. In this action by a provided to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff's motion for the entry of a default judgment. For the reasons stated in Daily Med. Equip. Distrib. Ctr., Inc., as Assignee of Balderrna, David v American Ind. Ins. Co. (___ Misc 3d ___, 2021 NY Slip Op ______ [appeal No. 2019-341 K C], decided herewith), the order is reversed and plaintiff's motion for the entry of a default judgment is denied. ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur. ENTER: Paul Kenny Chief Clerk Decision Date: July 2, 2021