Matter of Global Liberty Ins. Co. of N.Y. v. Top Q. Inc.

2019 NY Slip Op 6445

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 3, 2019
• Docket: 9508N 27449/18E
• Status: Published

Opinion

Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc. (2019 NY Slip Op 06445)

Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc.

2019 NY Slip Op 06445

Decided on September 3, 2019

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 September 3, 2019
Sweeny, J.P., Renwick, Manzanet-Daniels, Tom, Oing, JJ.

9508N 27449/18E

[*1] In re Global Liberty Insurance Company of New York, Petitioner-Appellant,

v

Top Q. Inc., As Assignee of Zurima Cole, Respondent.

Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered August 31, 2018, 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 because it irrationally ignored the controlling law 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 (see Hereford Ins. Co. v Lida's Med. Supply, Inc., 161 AD3d 442, 443 [1st Dept 2018]; Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C., 139 AD3d 645, 646 [1st Dept

2016]; American Tr. Ins. Co. v Lucas, 111 AD3d 423, 424 [1st Dept 2013]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: SEPTEMBER 3, 2019

CLERK