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Pediatric Urology Assoc., P.C. v. Becher

Appellate Term of the Supreme Court of New York, First Department
Jan 28, 2009
2009 N.Y. Slip Op. 50126 (N.Y. App. Term 2009)

Opinion

570468/08.

Decided January 28, 2009.

Defendant Yehudah Becher appeals from (1) a judgment of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered February 28, 2008, which awarded plaintiff, upon default, the sum of $1,505; (2) an order (same court and Judge), entered April 8, 2008, which denied his motion to vacate the default judgment; and (3) an order (same court and Judge), entered April 30, 2008, which denied his motion for reargument.

Order (Raul Cruz, J.), entered April 8, 2008, affirmed, without costs. Appeals from order (Raul Cruz, J.), entered April 30, 2008, and judgment (Raul Cruz, J.), entered February 28, 2008, dismissed, without costs, as nonappealable.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.


We find no abuse of discretion in the denial of appellant's motion to vacate the judgment entered against him upon his default in appearing at trial, appellant having failed to establish a meritorious defense to the action. Appellant was obligated to pay the reasonable value of the medical services undisputedly rendered to his nine-year-old daughter, and this even accepting that the services were rendered at the request of his former wife ( see Family Court Act § 413; Mary Imogene Bassett Hosp. v Dahlberg, 229 AD2d 781; Albany Med. Ctr. Hosp. v Johnston, 102 AD2d 915).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur


Summaries of

Pediatric Urology Assoc., P.C. v. Becher

Appellate Term of the Supreme Court of New York, First Department
Jan 28, 2009
2009 N.Y. Slip Op. 50126 (N.Y. App. Term 2009)
Case details for

Pediatric Urology Assoc., P.C. v. Becher

Case Details

Full title:PEDIATRIC UROLOGY ASSOCIATES, P.C., Plaintiff-Respondent, v. YEHUDAH…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 28, 2009

Citations

2009 N.Y. Slip Op. 50126 (N.Y. App. Term 2009)