Encompass Insurance v. Rockaway Family Medical Care, P.C.

137 A.D.3d 582, 26 N.Y.S.3d 694

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 17, 2016
• Docket: 552N 650569/14
• Status: Published

Opinion

Order and judgment (one paper), Supreme Court, New York County (Eileen A. Rakower, J.), entered August 25, 2014, vacating the master arbitration decision of Frank G. Godson dated December 17, 2013, and reinstating the award of arbitrator Laura Yantsos dated September 25, 2013, unanimously affirmed.

It is undisputed that petitioner’s second follow-up request for an examination under oath was sent 11 days after respondent failed to appear on the date set in the first request and that the 10th day fell on a Sunday (see 11 NYCRR 65-3.6 [b]). Plaintiff was entitled to an extension of time to the next business day to send its second follow-up request (see General Construction Law § 25-a).

Concur—Friedman, J.P., Andrias, Saxe and Kapnick, JJ.