Country-Wide Insurance Co. v. Radiology of Westchester, P.C.

Appellate Division of the Supreme Court of New York

Country-Wide Insurance Co. v. Radiology of Westchester, P.C.

2017 NY Slip Op 1461, 147 A.D.3d 652, 46 N.Y.S.3d 881

Appellate Division of the Supreme Court of the State of New York·Decided February 23, 2017·No. 3196N 652013/15·Published

Opinion

Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J), entered August 11, 2015, denying the unopposed petition to vacate a master arbitration award, dated March 17, 2015, which affirmed an arbitrator’s award that had granted respondent no-fault insurance benefits, unanimously reversed, on the law, without costs, the petition granted, and the award vacated. The Clerk is directed to enter judgment accordingly.

The master arbitrator’s award was arbitrary because it irrationally ignored petitioner’s uncontroverted evidence establishing that the assignor failed to appear at the three scheduled examinations under oath (cf. Hertz Corp. v Active Care Med. Supply Corp., 124 AD3d 411 [1st Dept 2015]; Easy Care Acupuncture P.C. v Praetorian Ins. Co., 49 Misc 3d 137[A], 2015 NY Slip Op 51524[U] [App Term, 1st Dept 2015]).

Concur — Friedman, J.P., Richter, Kapnick and Kahn, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J), entered August 11, 2015, denying the unopposed petition to vacate a master arbitration award, dated March 17, 2015, which affirmed an arbitrator’s award that had granted respondent no-fault insurance benefits, unanimously reversed, on the law, without costs, the petition granted, and the award vacated. The Clerk is directed to enter judgment accordingly.

The master arbitrator’s award was arbitrary because it irrationally ignored petitioner’s uncontroverted evidence establishing that the assignor failed to appear at the three scheduled examinations under oath (cf. Hertz Corp. v Active Care Med. Supply Corp., 124 AD3d 411 [1st Dept 2015]; Easy Care Acupuncture P.C. v Praetorian Ins. Co., 49 Misc 3d 137[A], 2015 NY Slip Op 51524[U] [App Term, 1st Dept 2015]).

Concur — Friedman, J.P., Richter, Kapnick and Kahn, JJ.

Country-Wide Insurance Co. v. Radiology of Westchester, P.C., 2017 NY Slip Op 1461, 147 A.D.3d 652, 46 N.Y.S.3d 881 (N.Y. Ct. App. 2017).

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Opinion

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