December 29, 2016
Matter of Global Liberty Ins. Co. v Coastal Anesthesia Servs., LLC (2016 NY Slip Op 08964)
https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-v-coastal-anesthesia-servs-llc-2016-nyslip-op-08964/
- Decided
- December 29, 2016
- Citation
- 2016 NY Slip Op 08964 · 145 AD3d 644
- Posture
- Article 75 petition
- Outcome
- Provider prevailed
- Later treatment
- Followed in 1 later decision (see Cited by)
- Legal questions
- Court review of arbitration awards (see the maps)
Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.
Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Matter of Global Liberty Ins. Co. v Coastal Anesthesia Servs., LLC (2016 NY Slip Op 08964)
| Matter of Global Liberty Ins. Co. v Coastal Anesthesia Servs., LLC |
| 2016 NY Slip Op 08964 [145 AD3d 644] |
| December 29, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
[*1]
| In the Matter of Global Liberty Insurance Co.,
Appellant, v Coastal Anesthesia Services, LLC, as Assignee of Lourdes Irizarry, Respondent. |
The Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant.
Russell Friedman & Associates, LLP, Lake Success (Dara C. Goodman of counsel), for respondent.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered April 6, 2016, which denied petitioner’s application to vacate a master arbitration award entitling respondent to no-fault insurance benefits, and granted respondent’s cross motion to confirm the award, unanimously affirmed, with costs.
Petitioner failed to demonstrate the existence of any of the statutory grounds for vacating the Master Arbitrator’s award (CPLR 7511 [b]). The decision of the Master Arbitrator in affirming the arbitration award had evidentiary support, a rational basis, and was not arbitrary and capricious (see Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207, 211 [1981]). The original arbitrator properly acted within her discretionary authority to refuse to entertain any late submissions proffered by petitioner (see 11 NYCRR 65-4.2 [b] [3]; Matter of Mercury Cas. Co. v Healthmakers Med. Group, P.C., 67 AD3d 1017 [2d Dept 2009]). Concur—Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels and Feinman, JJ.
Legal questions
A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
When does a court vacate, modify or confirm a no-fault arbitrator’s or master arbitrator’s award under CPLR article 75?
This decision: No ground for vacatur or modification shown: the award is confirmed or left in place
Confirmed the master award for the provider because it had evidentiary support and a rational basis, the arbitrator having properly used discretion to refuse the insurer's late submissions.
Of the 55 decisions on this question in the First Department courts and the Court of Appeals, 34 (this one included) are in the same category. 2 decisions in other departments that cite or are cited by this one are on the full map.
Cited in this decision
A label shows how this decision treated the case it cites.
- Matter of Mercury Cas. Co. v Healthmakers Med. Group, P.C. (2009 NY Slip Op 08826) FollowedA court denying vacatur or modification of a no-fault arbitration award must confirm the award under CPLR 7511 (e).
Cited by
A label shows how the later decision treated this one.
- Matter of New York City Tr. Auth. v Physical Medicine & Rehab of NY PC (2018 NY Slip Op 01260) FollowedThe arbitrators rationally found that a bus was a proximate cause of an injury sustained while exiting without lift assistance.
- Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co. (2019 NY Slip Op 07245)An arbitrator acts within discretionary authority by refusing to consider late submissions.
Similar decisions
- Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C. (2016 NY Slip Op 04156)A master arbitrator's award was irrational because it ignored the coverage effect of the assignor's failure to attend duly scheduled IMEs. The insurer presented authority establishing that the IME nonappearances rendered the no-fault policy void ab initio.
- Matter of Global Liberty Ins. Co. v Lenox Hill Radiology & Med. Imaging Assoc. P.C. (2016 NY Slip Op 51792(U))The insurer's petition to vacate a master arbitration award upholding the provider's reimbursement claim was denied.
- Matter of Global Liberty Ins. Co. of N.Y. v Avangard Supply, Inc. (2020 NY Slip Op 06855)An insurer's vague IME-based denial supported a rational arbitration award of no-fault benefits to the providers.
- Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc. (2019 NY Slip Op 06445)The master arbitrator's award was arbitrary because it ignored controlling law on the assignor's failure to attend duly scheduled IMEs. Following Hereford Ins. Co. v Lida's Med. Supply, Inc., the policy was void ab initio because of that nonappearance.
- Matter of Global Liberty Ins. Co. of N.Y. v Capital Chiropractic, P.C. (2020 NY Slip Op 01466)The master arbitrator's award was arbitrary because it ignored precedent treating IME nonappearance as voiding the policy from inception.