State Farm Mut. Auto. Ins. Co. v. A. Dowd Med., P.C.

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State Farm Mut. Auto. Ins. Co. v A. Dowd Med., P.C. 2024 NY Slip Op 31965(U) June 5, 2024 Supreme Court, New York County Docket Number: Index No. 154477/2022 Judge: Louis L. Nock Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.

INDEX NO. 154477/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/06/2024

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LOUIS L. NOCK PART 38M Justice ---------------------------------------------------------------------------------X INDEX NO. 154477/2022 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, STATE FARM INDEMNITY COMPANY, STATE MOTION DATE 02/20/2024 FARM GUARANTY INSURANCE COMPANY, and STATE FARM FIRE AND CASUALTY COMPANY, MOTION SEQ. NO. 001

Plaintiffs,

-v- DECISION + ORDER ON A. DOWD MEDICAL, P.C., MOTION

Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document numbers (Motion 001) 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 were read on this motion for DEFAULT JUDGMENT .

Upon the foregoing documents, plaintiffs’ motion for entry of a default judgment is

granted. CPLR 3215 provides “If the plaintiff fails to take proceedings for the entry of judgment

within one year after the default, the court shall not enter judgment but shall dismiss the

complaint as abandoned . . . unless sufficient cause is shown why the complaint should not be

dismissed” (CPLR 3215[c]). Such dismissal is not discretionary in the absence of a showing of

sufficient cause (e.g. Pipinias v J. Sackaris & Sons, Inc., 116 AD3d 749, 751 [2d Dept 2014]).

Plaintiffs served the summons and complaint in this action on defendant A. Dowd Medical, P.C.

by service on the Secretary of State on June 3, 2022 (NYSCEF Doc. No. 3). Service was

complete upon service (Business Corporation Law § 306[b]). Defendant’s time to answer

expired and defendant was in default as of July 3, 2022 (CPLR 3012[c]). Pursuant to CPLR

3215(c), plaintiffs’ time to seek entry of a default judgment expired on July 3, 2023, six and a

half months prior to the date plaintiffs filed the instant motion, January 18, 2024.

154477/2022 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL vs. A. Page 1 of 4 DOWD MEDICAL, P.C. Motion No. 001

INDEX NO. 154477/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/06/2024

Footnotes

[1] of 4 [* 1] However, plaintiffs have shown sufficient cause why the complaint should not be dismissed as abandoned. Plaintiffs affirm that they never intended to abandon this action and that they were attempting to resolve it by a stipulation of discontinuance, but were unable to reach an agreement with defendant (NYSCEF Doc. No. 6 ¶ 7-8). Settlement discussions constitute sufficient cause not to dismiss a case as abandoned (see Brooks v Somerset Surgical Assoc., 106 AD3d 624, 625 [1st Dept 2013] [“Plaintiff demonstrated she did not intend to abandon the action, but rather had been in discussions with the insurance carrier and had engaged in discovery proceedings”]; Hinds v. 2461 Realty Corp., 169 A.D.2d 629, 632, [1st Dept 1991] [“the contact by plaintiffs’ attorneys with the defendants’ insurer, while not the equivalent of ongoing negotiations, sufficiently indicates that plaintiffs did not intend to abandon the action”]). Furthermore, defendant has made no showing that it was prejudiced by the delay in seeking a default against it (see Hinds, 169 A.D.2d 629 at 632 [“the defendants have not demonstrated that they have been prejudiced by the delay in the prosecution of this action”]). Accordingly, it is hereby ORDERED that plaintiffs’ motion for entry of a default judgment is granted, for the reasons set forth in the motion papers (NYSCEF Doc. Nos. 6, 14) and the exhibits attached thereto, in which the court concurs; and it is further ADJUDGED and DECLARED that plaintiffs STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, STATE FARM INDEMNITY COMPANY, STATE FARM GUARANTY COMPANY, and STATE FARM FIRE AND CASUALTY COMPANY owe no duty to provide, pay or honor any current or future claim from defendant A. DOWD MEDICAL, PC for no-fault benefits under STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, STATE FARM INDEMNITY COMPANY, STATE FARM 154477/2022 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL vs. A. Page 2 of 4 DOWD MEDICAL, P.C. Motion No. 001

[2] of 4 [* 2] GUARANTY COMPANY, and/or STATE FARM FIRE AND CASUALTY COMPANY for the claims referenced in complaint (see appendix of claims, exhibit A, NYSCEF Doc. No. 2), to wit: 1. 3212M837D 2. 3215B336P 3. 3214L137F 4. 3214M690P 5. 3215N737T 6. 3216G951J 7. 3216H630L 8. 3216Z712V 9. 5216Z127D 10. 3212N870L 11. 3215J132F 12. 32G8774M6 13. 3215H170K 14. 3217F591J 15. 3218P218N 16. 3220C625G 17. 5218H243F 18. 3217F546H 19. 3217X661P 20. 3219S546H 21. 3220D802B 22. 3220S627H 23. 3221B073R 24. 3221J156L 25. 3218S258P 26. 3219L527J 27. 3220S798V 28. 5220H814C 29. 2923Z468R 30. 3221L027R 31. 3223B805X 32. 3224C758S 33. 3226M700Z 34. 3205S331T 154477/2022 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL vs. A. Page 3 of 4 DOWD MEDICAL, P.C. Motion No. 001

[3] of 4 [* 3] This constitutes the decision and order of the court. ENTER: 6/5/2024 $SIG$ DATE LOUIS L. NOCK, J.S.C. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION APPLICATION: X GRANTED SETTLE ORDER DENIED GRANTED IN PART SUBMIT ORDER □ OTHER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE 154477/2022 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL vs. A. Page 4 of 4 DOWD MEDICAL, P.C. Motion No. 001

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