November 21, 2007

Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 52286(U))

Headnote

The case involved an appeal from a judgment of the Civil Court of the City of New York, Kings County, which denied the petition to vacate the master arbitrator's award. The main issue in the case was whether there was 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. The court found that there was a rational basis for the master arbitrator's determination and therefore the petition to vacate the award was properly denied. However, the court modified the judgment by adding a provision confirming the master arbitrator's award, and affirmed the judgment. The holding of the case was that there was a rational basis for the master arbitrator's determination and the petition to vacate the award was properly denied.

Reported in New York Official Reports at Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 52286(U))

Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 52286(U)) [*1]

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

2007 NY Slip Op 52286(U) [17 Misc 3d 136(A)]

Decided on November 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ
2006-1227 K C.

Better Health Medical, PLLC a/a/o Waheed Ali Mohammad, Appellant,
against
Empire/Allcity Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Delores J. Thomas, J.), entered April 17, 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]).

Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: November 21, 2007