October 10, 2007
Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co. (2007 NY Slip Op 51993(U))
https://www.beynensonlaw.com/case-law/superior-med-equip-supply-inc-v-country-wide-ins-co-2007-ny-slip-op51993u/
- Decided
- October 10, 2007
- Citation
- 2007 NY Slip Op 51993(U) · 17 Misc 3d 131(A)
- Posture
- Article 75 petition
- Outcome
- Insurer prevailed
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 Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co. (2007 NY Slip Op 51993(U))
| Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co. |
| 2007 NY Slip Op 51993(U) [17 Misc 3d 131(A)] |
| Decided on October 10, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through November 4, 2011; it will not be published in the printed Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2006-891 K C.
against
Country-Wide Insurance Company, Respondent.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered March 23, 2006. The judgment denied the petition to vacate the master arbitrator’s award.
Judgment modified by adding thereto a provision confirming the master arbitrator’s award; as so modified, affirmed without costs.
Upon a review of the record, we find a rational basis for the determination of the master
arbitrator upholding the arbitrator’s award which denied petitioner’s claim for first-party no-fault
benefits (see e.g. Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]; Matter
of Adams v Allstate Ins. Co., 210 AD2d 319 [1994]; Matter of Shand
[Aetna Ins. Co.], 74 AD2d 442 [1980]). Consequently, the court below properly denied the
petition to vacate the master arbitrator’s award. However, upon denying the petition, the court
was required, pursuant to CPLR 7511 (e), to confirm the award (see Matter of Exclusive
Med. & Diagnostic v Government Empls. Ins. Co., 306 AD2d 476 [2003]), and we
modify the judgment accordingly.
Pesce, P.J., Golia and Rios, JJ., concur.
[*2]
Decision Date: October 10, 2007
Similar decisions
- Superior Med. Equip. v Hudson Ins. Co. (2007 NY Slip Op 50411(U))A court denying a petition to vacate a master arbitrator's award must confirm the award under CPLR 7511 (e).
- 563 Grand Med., P.C. v State-Wide Ins. Co. (2007 NY Slip Op 50362(U))Denial of a petition to vacate a master arbitrator's award requires confirmation of the award under CPLR 7511 (e).
- SP Med., P.C. v General Assur. Co. (2007 NY Slip Op 52452(U))The provider's petition to vacate the master arbitrator's award was denied because the record supplied a rational basis for the award.
- Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51979(U))An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied.
- S.P. Med. Ctr. v Allstate Ins. Co. (2007 NY Slip Op 51978(U))An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied.