Matter of Global Liberty Ins. Co. of N.Y. v. Capital Chiropractic, P.C.
This text of 2020 NY Slip Op 1466 (Matter of Global Liberty Ins. Co. of N.Y. v. Capital Chiropractic, 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.
Opinion
| Matter of Global Liberty Ins. Co. of N.Y. v Capital Chiropractic, P.C. |
| 2020 NY Slip Op 01466 |
| Decided on March 3, 2020 |
| Appellate Division, First 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 March 3, 2020
Renwick, J.P., Gische, Kern, Singh, JJ.
1117121999/19E
v
Capital Chiropractic, P.C., Assignee of Oliver Rigor, Respondent-Respondent.
Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant.
Fazio, Rynsky & Associates, LLP, Syosset (Svetlana Sobel of counsel), for respondent.
Order, Supreme Court, Bronx County (Donna Mills, J.), entered April 16, 2019, which denied the petition to vacate a master arbitrator's award, unanimously reversed, on the law, without costs, and the petition granted.
The master arbitrator's award was arbitrary in that it irrationally ignored well-established precedent that "the no-fault policy issued by petitioner was void ab initio due to respondent's assignor's failure to attend duly scheduled independent medical exams" (Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc., 175 AD3d 1131, 1131 [1st Dept 2019]; see Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C., 139 AD3d 645, 646 [1st Dept 2016]; Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 [1st Dept 2011], lv denied 17 NY3d 705 [2011]).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 3, 2020
CLERK
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