February 13, 2019

Country-Wide Ins. Co. v Yao Jian Ping (2019 NY Slip Op 50160(U))

Headnote

In this case, Country-Wide Insurance Company filed a no-fault insurance claim seeking a de novo adjudication following a master arbitrator's award in excess of $5,000. The defendant, Yao Jian Ping, appealed from the Civil Court of New York's order denying his motion to dismiss the action. The main issue in the case was whether the action was properly commenced in the Civil Court, given that the amount in dispute did not exceed $25,000. The court held that the action was properly commenced in Civil Court, as the amount in dispute did not exceed $25,000, based on Insurance Law § 5106(c) and CCA 212-a. As a result, the court affirmed the order, with costs awarded to Country-Wide Insurance Company.

Reported in New York Official Reports at Country-Wide Ins. Co. v Yao Jian Ping (2019 NY Slip Op 50160(U))

Country-Wide Ins. Co. v Yao Jian Ping (2019 NY Slip Op 50160(U)) [*1]

Country-Wide Ins. Co. v Yao Jian Ping

2019 NY Slip Op 50160(U) [62 Misc 3d 144(A)]

Decided on February 13, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 13, 2019

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Ling-Cohan, J.P., Gonzalez, Cooper, JJ.
570448/18

Country-Wide Insurance Company, Plaintiff-Respondent,
against
Yao Jian Ping, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Mary V. Rosado, J.), dated June 13, 2018, which denied his motion to dismiss the action and for related relief.

Per Curiam.

Order (Mary V. Rosado), dated June 13, 2018, affirmed, with $10 costs.

This action, seeking a de novo adjudication of a no-fault insurance claim following a master arbitrator’s award in excess of $5,000 (see Insurance Law § 5106[c]), was properly commenced in Civil Court, since the amount in dispute did not exceed $25,000 (see CCA 212-a; Imperium Ins. Co. v Innovative Chiropractic Servs., P.C., 43 Misc 3d 137[A], 2014 NY Slip Op 50697[U] [App Term, 1st Dept 2014]; Brooks v Rivera, 40 Misc 3d 133[A], 2013 NY Slip Op 51191[U] [App Term, 1st Dept 2013]).

In light of our disposition, defendant’s remaining argument has been rendered academic.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: February 13, 2019