September 4, 2007

Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51980(U))

https://www.beynensonlaw.com/case-law/better-health-med-pllc-v-empire-allcity-ins-co-2007-ny-slip-op51980u/

Court: Appellate Term, Second Department
Decided: September 4, 2007
Citation: 2007 NY Slip Op 51980(U) · 17 Misc 3d 130(A)
Posture: Article 75 petition
Outcome: Insurer prevailed
Issues: CPLR article 75 (arbitration awards)
Legal questions: Court review of arbitration awards (see the maps)

Cite as

Better Health Med., PLLC v Empire/Allcity Ins. Co., 17 Misc 3d 130(A), 2007 NY Slip Op 51980(U) (App Term, 2d Dept, 2d & 11th Jud Dists 2007)

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.

An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied. The provider sought vacatur of a master arbitrator's award upholding denial of its assigned no-fault claim. The Appellate Term, Second Department, found a rational basis for the master arbitrator's determination and upheld denial of the petition. It modified the judgment to provide for confirmation of the award and otherwise affirmed, leaving the insurer's favorable award in place.

Reported in New York Official Reports at Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51980(U))

[*1]

Better Health Med., PLLC v Empire/Allcity Ins. Co.

2007 NY Slip Op 51980(U) [17 Misc 3d 130(A)]

Decided on September 4, 2007

Appellate Term, Second Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 4, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2006-1149 K C.

Better Health Medical, PLLC a/a/o MIKHAIL SHABETAYEV, Appellant,
against
Empire/Allcity Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Jack M. Battaglia, J.), entered April 6, 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 assigned first-party no-fault benefits (see e.g. Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]; Matter of Shand [Aetna Ins. Co.], 74 AD2d 442 [1980]). Accordingly, 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]).

Pesce, P.J., Weston Patterson and Belen, JJ., concur.
Decision Date: September 04, 2007

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.

Court review of arbitration awards

Open the full map

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

Held the master arbitrator's affirmance of the award denying the provider's claim had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e).

Award standsVacated: irrational/arbitraryVacated: exceeded powerVacated: master oversteppedThis decision

Of the 119 decisions on this question in the Second Department courts and the Court of Appeals, 92 (this one included) are in the same category.

Similar decisions

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.
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).
Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co. (2007 NY Slip Op 51993(U))An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied.
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.
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).