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Craniofacial Pain Mgmt. v Allstate Ins. Co.

2016 Default Judgment Vacated; Action Abandoned Due to Failure to Pay 1999

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*1 The Plaintiff’s motion pursuant to CPLR 5019(a) to remand the underlying judgment to the judgment clerk to recalculate interest, and, the Defendant’s cross-motion to vacate the underlying judgment and dismiss the underlying action are decided as follows: The Defendant’s cross-motion to vacate the default judgment entered on or about June 28, 2016 and to the dismiss the underlying action is granted; the Plaintiff’s motion to amend the judgment is denied as moot.Procedural BackgroundThe underlying No-Fault action was commenced on or about February 24, 1998. On or about June 28, 2016 a judgment (the “Underlying Judgment”) was entered pursuant to a stipulation between the parties in the amount of $20,345.27. The Underlying Judgment includes a calculation of interest running for August 21, 1999 in the amount of $15,384.03.

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