GMR Obtains Dismissal for Insurer in Kings County, NY

GMR Associate Sarah Cohenson obtained dismissal of a No-Fault collection action in Civil Court, Kings County.  In the action, a medical provider obtained a default judgment against an insurer.  The insurer had no record of being served and retained GMR to vacate the default judgment.

Sarah prepared a motion to vacate the default judgment, arguing that the complaint was not properly served and that a prior declaratory judgment barred the action.  After full briefing and argument, the court vacated the default judgment and dismissed the complaint.  The court found the default judgment was not served properly and vacated it.  Further, the court dismissed the action, holding that the prior declaratory judgment constituted res judicata.