Appellate Term, Second Department · September 18, 2026 · 2026 NY Slip Op 51589[U]
Midwood Metropolitan Medical, P.C. v Permanent General Assurance Corp.
Read the official decision: 2026 NY Slip Op 51589[U]
Holding The Appellate Term reversed the lower court’s order vacating a default judgment because the defendant failed to demonstrate a reasonable excuse for its default. The court held that the defendant’s claim of non-receipt was insufficient to overcome the prima facie evidence of proper service on its registered agent.
The court’s words
Defendant's claim of lack of receipt is insufficient to constitute a reasonable excuse.
2026 NY Slip Op 51589[U], at the official text
Thus, defendant's motion was improperly granted pursuant to CPLR 5015 (a) (1), and it is unnecessary to consider whether defendant demonstrated a potentially meritorious defense to the action
2026 NY Slip Op 51589[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | September 18, 2026 |
| Citation | 2026 NY Slip Op 51589[U] |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51589[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 921 |
Recommended citation
ESQ HQ, New York Law Watch, Midwood Metropolitan Medical, P.C. v Permanent General Assurance Corp., 2026 NY Slip Op 51589[U] (Appellate Term, Second Department, September 18, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51589-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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