Matter of American Tr. Ins. Co. v. M EL Sayed Physical Therapy, P.C.

Appellate Division of the Supreme Court of New York

Matter of American Tr. Ins. Co. v. M EL Sayed Physical Therapy, P.C.

2026 NY Slip Op 00501

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 4, 2026

DocketIndex No. 528983/22

StatusPublished

This text of 2026 NY Slip Op 00501 (Matter of American Tr. Ins. Co. v. M EL Sayed Physical Therapy, P.C.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Matter of American Tr. Ins. Co. v. M EL Sayed Physical Therapy, P.C., 2026 NY Slip Op 00501 (N.Y. Ct. App. 2026).

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Matter of American Tr. Ins. Co. v M EL Sayed Physical Therapy, P.C. (2026 NY Slip Op 00501)

Matter of American Tr. Ins. Co. v M EL Sayed Physical Therapy, P.C.

2026 NY Slip Op 00501

Decided on February 4, 2026

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 4, 2026 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
LARA J. GENOVESI, J.P.
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING
PHILLIP HOM, JJ.

2024-04109
(Index No. 528983/22)

[*1]In the Matter of American Transit Insurance Company, respondent,

v

M EL Sayed Physical Therapy, P.C., etc., appellant.

Roman Kravchenko, Melville, NY, for appellant.

Short & Billy, P.C., New York, NY (Seok Ho [Richard] Kang of counsel), for respondent.

DECISION & ORDER

In a proceeding pursuant to CPLR article 75 to vacate a master arbitration award dated July 10, 2022, M EL Sayed Physical Therapy, P.C., appeals from an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated March 18, 2024. The order, insofar as appealed from, denied the application of M EL Sayed Physical Therapy, P.C., for an additional award of attorneys' fees.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed, as no appeal lies as of right from the portion of the order appealed from, which does not decide a motion made on notice, and we decline to grant leave to appeal (see CPLR 5701[a][2]; Kelsey v Rutledge, 214 AD3d 862, 862; Gamman v Silverman, 135 AD3d 814, 815).

GENOVESI, J.P., BRATHWAITE NELSON, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

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Matter of American Tr. Ins. Co. v M EL Sayed Physical Therapy, P.C. (2026 NY Slip Op 00501)

Matter of American Tr. Ins. Co. v M EL Sayed Physical Therapy, P.C.

2026 NY Slip Op 00501

Decided on February 4, 2026

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 4, 2026 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
LARA J. GENOVESI, J.P.
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING
PHILLIP HOM, JJ.

2024-04109
(Index No. 528983/22)

[*1]In the Matter of American Transit Insurance Company, respondent,

v

M EL Sayed Physical Therapy, P.C., etc., appellant.

Roman Kravchenko, Melville, NY, for appellant.

Short & Billy, P.C., New York, NY (Seok Ho [Richard] Kang of counsel), for respondent.

DECISION & ORDER

In a proceeding pursuant to CPLR article 75 to vacate a master arbitration award dated July 10, 2022, M EL Sayed Physical Therapy, P.C., appeals from an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated March 18, 2024. The order, insofar as appealed from, denied the application of M EL Sayed Physical Therapy, P.C., for an additional award of attorneys' fees.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed, as no appeal lies as of right from the portion of the order appealed from, which does not decide a motion made on notice, and we decline to grant leave to appeal (see CPLR 5701[a][2]; Kelsey v Rutledge, 214 AD3d 862, 862; Gamman v Silverman, 135 AD3d 814, 815).

GENOVESI, J.P., BRATHWAITE NELSON, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

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2026 NY Slip Op 00501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-american-tr-ins-co-v-m-el-sayed-physical-therapy-pc-nyappdiv-2026.

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