February 26, 2007

Superior Med. Equip. v Hudson Ins. Co. (2007 NY Slip Op 50411(U))

https://www.beynensonlaw.com/case-law/superior-med-equip-v-hudson-ins-co-2007-ny-slip-op-50411u/

Court: Appellate Term, Second Department
Decided: February 26, 2007
Citation: 2007 NY Slip Op 50411(U) · 14 Misc 3d 145(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

Superior Med. Equip. v Hudson Ins. Co., 14 Misc 3d 145(A), 2007 NY Slip Op 50411(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.

A court denying a petition to vacate a master arbitrator's award must confirm the award under CPLR 7511 (e). The Appellate Term, Second Department, found a rational basis under Matter of Petrofsky for the master arbitrator's determination sustaining denial of the provider's no-fault claims. It modified the order denying vacatur to confirm the award and affirmed as modified, leaving the insurer prevailing. The court also noted that CPLR 411 requires a special proceeding to terminate in a judgment.

Reported in New York Official Reports at Superior Med. Equip. v Hudson Ins. Co. (2007 NY Slip Op 50411(U))

[*1]

Superior Med. Equip. v Hudson Ins. Co.

2007 NY Slip Op 50411(U) [14 Misc 3d 145(A)]

Decided on February 26, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 26, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT:: PESCE, P.J., GOLIA and BELEN, JJ
2006-272 K C.

Superior Medical Equipment and Supply Inc. a/a/o Vidol Quashie, Appellant,
against
Hudson Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ellen M. Spodek, J.), entered April 1, 2005. The order denied the petition to vacate the master arbitrator’s award.

Order 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 the petitioner’s claims for first-party no-fault benefits (see Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]). 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]).

We note that a special proceeding should terminate in a judgment, not an order (see CPLR 411).

Pesce, P.J., Golia and Belen, JJ., concur. [*2]
Decision Date: February 26, 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 supplier's claims 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

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.
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).
Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51980(U))An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied.
Alternative Health Care of N.Y. v Progressive Ins. Co. (2007 NY Slip Op 50379(U))A court denying vacatur of a master arbitrator's award must confirm that award under CPLR 7511 (e).
563 Grand Med., P.C. v Progressive Northeastern Ins. Co. (2008 NY Slip Op 50090(U))A no-fault arbitrator may raise any issue the arbitrator deems relevant under 11 NYCRR 65-4.4 (e) and 65-4.5 (o).