In Diagnostic Imaging of Rockville Ctr. v. Kemper Ind. Ins. Co., 2021 N.Y. Slip Op. 50238(U) (App. Term, 2d Dep’t 2021), GMR argued that a medical provider No-Fault claim was barred by the doctrine of res judicata based upon the results of a prior declaratory judgment action between the parties. The trial court found that the earlier judgment was not dispositive because it was obtained on default against the medical provider. The Appellate Term reversed that order and dismissed the action, holding that a prior judgment was binding on the parties even if decided on default.
