May 30, 2018
Country-Wide Ins. Co. v TC Acupuncture, P.C. (2018 NY Slip Op 50786(U))
https://www.beynensonlaw.com/case-law/country-wide-ins-co-v-tc-acupuncture-p-c-2018-ny-slip-op50786u/
- Decided
- May 30, 2018
- Citation
- 2018 NY Slip Op 50786(U) ยท 59 Misc 3d 148(A)
- Posture
- Other motion
- Outcome
- Insurer prevailed
- Issues
- Defaults and vacatur
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 Country-Wide Ins. Co. v TC Acupuncture, P.C. (2018 NY Slip Op 50786(U))
[*1]| Country-Wide Ins. Co. v TC Acupuncture, P.C. |
| 2018 NY Slip Op 50786(U) [59 Misc 3d 148(A)] |
| Decided on May 30, 2018 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 May 30, 2018
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, P.J., Gonzalez, Edmead, JJ.
570114/17
against
TC Acupuncture, P.C., a/a/o Jims Calixte, Respondent-Appellant.
Country-Wide Ins. Co., Petitioner-Respondent,
against
New Century Acupuncture, P.C., a/a/o William Dew, Respondent-Appellant.
Country-Wide Ins. Co., Petitioner-Respondent,
against
New Century Acupuncture, P.C., a/a/o Debra Bond, Respondent-Appellant.
Country-Wide Ins. Co., Petitioner-Respondent,
against
New Century Acupuncture, P.C., a/a/o Ernig Mejia, Respondent-Appellant.
Country-Wide Ins. Co., Petitioner-Respondent,
against
TC Acupuncture, P.C., a/a/o Johnny Sejour, Respondent-Appellant.
Country-Wide Ins. Co., Petitioner-Respondent,
against
New Century Acupuncture, P.C., a/a/o William Dew, Respondent-Appellant.
In consolidated appeals, respondents appeal from six orders of the Civil Court of the City of New York, New York County (Michael L. Katz, J.), each entered December 1, 2015, which denied their respective motions for leave to reargue and to vacate prior judgments which granted petitioner’s applications to vacate master arbitration awards.
Per Curiam.
Orders (Michael L. Katz, J.), each entered December 1, 2015, insofar as appealable, affirmed, with one bill of $10 costs.
In prior unappealed judgments, Civil Court granted petitioner’s CPLR 7511(b) applications to vacate the underlying no-fault arbitration awards on the ground that the arbitrator failed to disclose facts giving rise to an inference of bias. Respondents-appellants then moved to vacate those judgments on the ground that they were obtained through fraud, misrepresentation or other misconduct (see CPLR 5015[a][3]). Civil Court properly denied the motions, since respondents’ contentions that petitioner had knowledge of the alleged conflicts of the arbitrator amount to nothing more than defense arguments “which could have been asserted prior to the entry of judgment” (Abacus Real Estate Fin. Co. v P.A.R. Constr. & Maintenance Corp., 128 AD2d 821 [1987]; see Fargnoli v Parisi, 176 AD2d 396 [1991]).
We have considered respondents’ remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: May 30, 2018
Similar decisions
- Matter of Country-Wide Ins. Co. v TC Acupuncture, P.C. (2021 NY Slip Op 01120)An alleged error in the burden of proof for a fraudulent incorporation defense does not alone warrant vacatur of an arbitration award.
- Country-Wide Ins. Co. v Valdan Acupuncture, P.C. (2017 NY Slip Op 04068)The insurer failed to establish grounds to vacate an award rejecting its fraudulent incorporation defense.
- RJ Professional Acupuncturist, P.C. v Country Wide Ins. Co. (2010 NY Slip Op 50579(U))The provider's petition to vacate a master arbitration award failed because its attorney's purported affirmation lacked a perjury declaration.
- Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co. (2019 NY Slip Op 07245)An arbitrator acts within discretionary authority by refusing to consider late submissions.
- WJ Acupuncture, P.C. v Nationwide Mut. Ins. (2012 NY Slip Op 51648(U))The insurer failed to establish that the providers were parties to, or in privity with a party to, an earlier arbitration.