July 7, 2010

All for Happy Smiles Dental, P.C. v American Tr. Ins. Co. (2010 NY Slip Op 51178(U))

Headnote

The court considered the petition of All For Happy Smiles Dental, P.C. to vacate a master arbitrator's award, which had upheld the denial of its claim for reimbursement of assigned first-party no-fault benefits. The main issue decided was whether the denial of the claim for reimbursement was upheld by the master arbitrator. The holding of the case was that the order denying the petition to vacate the master arbitrator's award was affirmed without costs, as the facts in this case were the same as those in other similar cases where the denial of the claims was upheld.

Reported in New York Official Reports at All for Happy Smiles Dental, P.C. v American Tr. Ins. Co. (2010 NY Slip Op 51178(U))

All for Happy Smiles Dental, P.C. v American Tr. Ins. Co. (2010 NY Slip Op 51178(U)) [*1]

All for Happy Smiles Dental, P.C. v American Tr. Ins. Co.

2010 NY Slip Op 51178(U) [28 Misc 3d 127(A)]

Decided on July 7, 2010

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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 7, 2010

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : STEINHARDT, J.P., PESCE and RIOS, JJ
2008-2059 K C. ———————————— 1;———————————— 151;———————————— ————————————x

All for Happy Smiles Dental, P.C. as Assignee of Vladimir Tyborovsky, Appellant, —
against
American Transit Insurance Company, Respondent. ———————————— 1;———————————— 151;———————————— ————————————x

Appeal from an order of the Civil Court of the City of New York, Kings County (Delores Thomas, J.), entered September 25, 2006. The order denied the petition of All For Happy Smiles Dental, P.C. to vacate a master arbitrator’s award.

ORDERED that the order is affirmed without costs.

All For Happy Smiles Dental, P.C. commenced this proceeding pursuant to CPLR 7511 to vacate a master arbitrator’s award, which had upheld the denial of its claim for reimbursement of assigned first-party no-fault benefits. The Civil Court denied the petition, and this appeal ensued.

As the pertinent facts in this case are the same as those in 563 Grand Med., P.C. v Nationwide Ins. Co. (24 Misc 3d 135[A], 2009 NY Slip Op 51493[U] [App Term, 2d, 11th & 13th Jud Dists 2009]), Avanessov v State-Wide Ins. Co. (21 Misc 3d 132[A], 2008 NY Slip Op 52131[U] [App Term, 2d & 11th Jud Dists 2008]) and SP Med., P.C. v Country-Wide Ins. Co. (20 Misc 3d 126[A], 2008 NY Slip Op 51230[U] [App Term, 2d & 11th Jud Dists 2008]), for the reasons stated in those cases, the instant order is affirmed.

Steinhardt, J.P., Pesce and Rios, JJ., concur.
Decision Date: July 07, 2010