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May 30, 2018

Matter of Fast Care Med. Diagnostics, PLLC/PV v Government Empls. Ins. Co. (2018 NY Slip Op 03831)

https://www.beynensonlaw.com/case-law/matter-of-fast-care-med-diagnostics-pllc-pv-v-government-empls-ins-co-2018ny-slip-op-03831/

Court
Appellate Division, Second Department
Decided
May 30, 2018
Citation
2018 NY Slip Op 03831 · 161 AD3d 1149
Posture
Article 75 petition
Outcome
Split result
Later treatment
Followed in 2 later decisions (see Cited by)
Issues
Assignments and standing CPLR article 75 (arbitration awards) Interest and attorney fees
Legal questions
Court review of arbitration awards · Attorney's fees: article 75 and appeals · Challenging the assignment of benefits (see the maps)
Cite as
Matter of Fast Care Med. Diagnostics, PLLC/PV v Government Empls. Ins. Co., 161 AD3d 1149 (2d Dept 2018)

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.

CPLR 1209 requires court authorization for arbitration only when the infant is a party, not when a provider proceeds as the infant's assignee. The Appellate Division, Second Department, affirmed the order, insofar as appealed and cross-appealed from, vacating the arbitration and master arbitration awards and directing further arbitration, but denying the provider attorney fees. The patient and parent had executed an assignment. Because the provider brought the arbitration under 11 NYCRR 65-3.11 (a), dismissal for failure to obtain infant-arbitration approval disregarded established law. The master arbitrator's separate finding that the assignment was ineffective lacked a basis in law or regulation. Fees were denied under Insurance Law § 5106 (a) because the arbitrator had not determined whether the claims were overdue.

Reported in New York Official Reports at Matter of Fast Care Med. Diagnostics, PLLC/PV v Government Empls. Ins. Co. (2018 NY Slip Op 03831)

Matter of Fast Care Med. Diagnostics, PLLC/PV v Government Empls. Ins. Co.
2018 NY Slip Op 03831 [161 AD3d 1149]
May 30, 2018
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 27, 2018

[*1]

 In the Matter of Fast Care Medical Diagnostics, PLLC/PV, Respondent-Appellant,
v
Government Employees Ins. Co., Appellant-Respondent.

Printz & Goldstein, Woodbury, NY (Lawrence J. Chanice of counsel), for appellant-respondent.

Israel Israel & Purdy, LLP, Great Neck, NY (Justin Skaferowsky and Jennifer Howard of counsel), for respondent-appellant.

In a proceeding pursuant to CPLR article 75, inter alia, to vacate an arbitration award, Government Employees Ins. Co. appeals, and the petitioner cross-appeals, from an order of the Supreme Court, Queens County (Robert J. McDonald, J.), entered August 7, 2015. The order, insofar as appealed from, granted that branch of the petition which was to vacate an arbitration award dated October 10, 2014, and a master arbitration award dated January 16, 2015, and referred the matter to the arbitrator for further proceedings. The order, insofar as cross-appealed from, denied the petitioner’s application for an award of an attorney’s fee.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the petitioner.

The petitioner, Fast Care Medical Diagnostics, PLLC, named herein as Fast Care Medical Diagnostics, PLLC/PV (hereinafter Fast Care), provided certain medical services to its assignor, “PV,” in connection with injuries purportedly sustained by PV in a motor vehicle accident. At the time of such treatment, PV was 15 years old. PV and his mother executed an assignment of benefits, which assigned all rights and remedies to payment for health care services provided by Fast Care to which PV was entitled under article 51 of the Insurance Law. Fast Care submitted claims for these services to Government Employees Insurance Co. (hereinafter GEICO), for reimbursement of first-party no-fault insurance benefits (see Insurance Law § 5102). GEICO denied the claims on grounds of purported lack of medical necessity.

Fast Care sought arbitration of the dispute. The arbitrator dismissed the proceeding without prejudice, on the ground that Fast Care had failed to comply with CPLR 1209, which provides, in relevant part, that “[a] controversy involving an infant . . . shall not be submitted to arbitration except pursuant to a court order made upon application of the representative of such infant,” subject to an exception that is not applicable here. Fast Care appealed to a master arbitrator, who confirmed the determination. The master arbitrator further found that Fast Care lacked [*2]standing, because the parent of the infant patient, rather than the infant himself, was required to execute an assignment of benefits. Fast Care then instituted this proceeding pursuant to CPLR article 75, inter alia, to vacate the arbitration award.

An arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeding his or her power; or (4) the failure to follow the procedures of CPLR article 75 (see CPLR 7511 [b]). In addition, an arbitration award may be vacated “if it violates strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator’s power” (Matter of Slocum v Madariaga, 123 AD3d 1046, 1046 [2014]; see Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010]; Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79 [2003]). An arbitration award may also be vacated where it is in “ ’explicit conflict’ ” with established laws and “the ‘strong and well-defined policy considerations’ embodied therein” (Matter of City of Oswego [Oswego City Firefighters Assn., Local 2707], 21 NY3d 880, 882 [2013] [emphasis omitted], quoting Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 327 [1999]).

We agree with the Supreme Court that the arbitrator’s award was irrational and in conflict with CPLR 1209, which applies “only where [an] infant [is] a party” to an arbitration proceeding (Goldenberg v Goldenberg, 25 AD2d 670, 670 [1966], affd 19 NY2d 759 [1967]; see Schneider v Schneider, 17 NY2d 123, 127 [1966]). The infant patient was not a party to the arbitration; rather, Fast Care, as the infant’s assignee, was the party that brought the arbitration (see 11 NYCRR 65-3.11 [a]). Therefore, we agree with the court that the arbitrator disregarded established law in determining that the requirements of CPLR 1209 applied here (Schneider v Schneider, 17 NY2d at 127; see Goldenberg v Goldenberg, 25 AD2d at 670). Furthermore, the master arbitrator’s determination that the assignment of benefits was not effective was not based on any requirement set forth in established law or regulations (see generally 11 NYCRR 65-2.4 [c]).

Accordingly, we agree with the Supreme Court’s determination to vacate the awards and direct further arbitration proceedings as to the merits of Fast Care’s claims (see Matter of City of Oswego [Oswego City Firefighters Assn., Local 2707], 21 NY3d at 882; see also Matter of Local 342 v Town of Huntington, 52 AD3d 720, 721 [2008]; Matter of Kocsis [New York State Div. of Parole], 41 AD3d 1017, 1020 [2007]; Matter of Rockland County Bd. of Coop. Educ. Servs. v BOCES Staff Assn., 308 AD2d 452, 454 [2003]).

Fast Care did not demonstrate its entitlement to an award of an attorney’s fee, as the arbitrator did not reach the issue of whether the subject claims were “overdue” (Insurance Law § 5106 [a]; see generally Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274, 278 [1997]). Balkin, J.P., Chambers, Austin and LaSalle, JJ., concur. [Prior Case History: 2015 NY Slip Op 32714(U).]

Legal questions (3)

Questions 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: Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled law

Upheld vacatur of both awards as irrational because the arbitrator disregarded established law by applying CPLR 1209 when the infant was not a party, and the master's finding that the assignment was ineffective had no legal basis.

  • Court of AppealsCt App 1
  • Appellate DivisionApp Div 34
  • Appellate TermApp Term 46
  • Trial courtsTrial 38
2010, Court of Appeals: 1 decision (1 Award stands)2022, Appellate Division: 1 decision (1 Vacated: irrational/arbitrary)2019, Appellate Division: 6 decisions (3 Award stands, 1 Vacated: irrational/arbitrary, 2 Vacated: master overstepped)2018, Appellate Division: 2 decisions (1 Award stands, 1 Vacated: irrational/arbitrary)2017, Appellate Division: 1 decision (1 Award stands)2016, Appellate Division: 1 decision (1 Award stands)2015, Appellate Division: 1 decision (1 Award stands)2013, Appellate Division: 1 decision (1 Award stands)2010, Appellate Division: 2 decisions (2 Award stands)2007, Appellate Division: 2 decisions (1 Vacated: irrational/arbitrary, 1 Vacated: exceeded power)2005, Appellate Division: 2 decisions (2 Award stands)2025, Appellate Division: 5 decisions (5 Award stands)2026, Appellate Division: 9 decisions (6 Award stands, 1 Vacated: irrational/arbitrary, 2 Vacated: exceeded power)2009, Appellate Division: 1 decision (1 Award stands)2020, Appellate Term: 2 decisions (1 Award stands, 1 Vacated: master overstepped)2019, Appellate Term: 1 decision (1 Award stands)2017, Appellate Term: 4 decisions (4 Award stands)2016, Appellate Term: 2 decisions (2 Award stands)2011, Appellate Term: 1 decision (1 Award stands)2010, Appellate Term: 3 decisions (3 Award stands)2009, Appellate Term: 1 decision (1 Award stands)2008, Appellate Term: 11 decisions (7 Award stands, 4 Vacated: irrational/arbitrary)2007, Appellate Term: 14 decisions (14 Award stands)2006, Appellate Term: 3 decisions (3 Award stands)2023, Appellate Term: 1 decision (1 Vacated: irrational/arbitrary)2024, Appellate Term: 1 decision (1 Vacated: irrational/arbitrary)2025, Appellate Term: 1 decision (1 Award stands)2004, Appellate Term: 1 decision (1 Award stands)2023, Trial courts: 13 decisions (12 Award stands, 1 Vacated: irrational/arbitrary)2019, Trial courts: 1 decision (1 Award stands)2017, Trial courts: 1 decision (1 Vacated: master overstepped)2015, Trial courts: 2 decisions (2 Award stands)2013, Trial courts: 2 decisions (2 Vacated: irrational/arbitrary)2008, Trial courts: 1 decision (1 Award stands)2006, Trial courts: 1 decision (1 Vacated: irrational/arbitrary)2005, Trial courts: 7 decisions (5 Award stands, 2 Vacated: irrational/arbitrary)2004, Trial courts: 1 decision (1 Vacated: irrational/arbitrary)2024, Trial courts: 3 decisions (3 Award stands)2026, Trial courts: 1 decision (1 Award stands)2009, Trial courts: 2 decisions (1 Award stands, 1 Vacated: irrational/arbitrary)2011, Trial courts: 1 decision (1 Award stands)2016, Trial courts: 1 decision (1 Award stands)2018, Trial courts: 1 decision (1 Vacated: exceeded power)This decision
20052010201520202025
Award standsVacated: irrational/arbitraryVacated: exceeded powerVacated: master oversteppedThis decisionCites it or cited by itCited or followed

Of the 119 decisions on this question in the Second Department courts and the Court of Appeals, 19 (this one included) are in the same category.

Attorney's fees: article 75 and appeals

Open the full map

How is the applicant’s attorney’s fee fixed for no-fault article 75 proceedings, de novo actions and appeals?

This decision: Applicant may not recover a fee for the court proceeding or appeal (rules on the question, but another ground decided the case)

Upheld the denial of attorney's fees to the provider because the arbitrator had not reached whether the claims were overdue, and the matter was sent back for further arbitration.

  • Appellate DivisionApp Div 44
  • Appellate TermApp Term 3
  • Trial courtsTrial 11
2019, Appellate Division: 4 decisions (3 Fee due; court to fix, 1 No fee recoverable)2018, Appellate Division: 1 decision (1 No fee recoverable)2017, Appellate Division: 1 decision (1 Fee due; court to fix)2016, Appellate Division: 1 decision (1 Limited to regulatory schedule)2025, Appellate Division: 13 decisions (4 Fee due; court to fix, 9 Amount fixed or upheld)2026, Appellate Division: 24 decisions (11 Fee due; court to fix, 3 Amount fixed or upheld, 4 Amount set aside, 6 No fee recoverable)2020, Appellate Term: 1 decision (1 Fee due; court to fix)2025, Appellate Term: 2 decisions (1 Fee due; court to fix, 1 Amount set aside)2023, Trial courts: 7 decisions (2 Amount fixed or upheld, 5 Limited to regulatory schedule)2024, Trial courts: 2 decisions (1 Amount fixed or upheld, 1 No fee recoverable)2026, Trial courts: 1 decision (1 No fee recoverable)2011, Trial courts: 1 decision (1 Fee due; court to fix)This decision
201520202025
Fee due; court to fixAmount fixed or upheldAmount set asideLimited to regulatory scheduleNo fee recoverableThis decisionCites it or cited by itCited or followed

Of the 58 decisions on this question in the Second Department courts and the Court of Appeals, 10 (this one included) are in the same category.

Challenging the assignment of benefits

Open the full map

Could the insurer contest the validity of the provider’s assignment of benefits, or had it waived that defense?

This decision: On the merits, the assignment or the claimant's showing is adequate, or the alleged defect is not a defect (rules on the question, but another ground decided the case)

Held the master arbitrator's ruling that the assignment, executed by the infant patient and his mother, was ineffective was not based on any requirement in established law or regulations, supporting vacatur.

  • Court of AppealsCt App 1
  • Appellate DivisionApp Div 12
  • Appellate TermApp Term 60
  • Trial courtsTrial 23
2007, Court of Appeals: 1 decision (1 Defense waived)2018, Appellate Division: 1 decision (1 Assignment sufficient)2013, Appellate Division: 1 decision (1 Defense waived)2011, Appellate Division: 1 decision (1 Defense waived)2007, Appellate Division: 2 decisions (2 Defense waived)2006, Appellate Division: 2 decisions (1 Defense waived, 1 Assignment defense upheld)2005, Appellate Division: 3 decisions (3 Defense waived)2004, Appellate Division: 1 decision (1 Defense waived)2025, Appellate Division: 1 decision (1 Assignment defense upheld)2016, Appellate Term: 1 decision (1 Defense waived)2014, Appellate Term: 1 decision (1 Defense waived)2013, Appellate Term: 1 decision (1 Defense waived)2010, Appellate Term: 5 decisions (3 Defense waived, 2 Assignment sufficient)2009, Appellate Term: 2 decisions (1 Defense waived, 1 Assignment sufficient)2008, Appellate Term: 4 decisions (2 Defense waived, 2 Assignment defense upheld)2007, Appellate Term: 3 decisions (1 Assignment sufficient, 1 Assignment defense upheld, 1 Issue of fact)2006, Appellate Term: 18 decisions (11 Defense waived, 6 Assignment sufficient, 1 Assignment defense upheld)2005, Appellate Term: 19 decisions (9 Defense waived, 10 Assignment sufficient)2004, Appellate Term: 6 decisions (1 Defense waived, 3 Assignment sufficient, 2 Issue of fact)2022, Trial courts: 1 decision (1 Defense waived)2020, Trial courts: 1 decision (1 Assignment defense upheld)2011, Trial courts: 2 decisions (1 Defense waived, 1 Assignment sufficient)2009, Trial courts: 1 decision (1 Defense waived)2007, Trial courts: 1 decision (1 Assignment sufficient)2006, Trial courts: 2 decisions (2 Assignment defense upheld)2005, Trial courts: 8 decisions (5 Defense waived, 2 Assignment sufficient, 1 Assignment defense upheld)2004, Trial courts: 7 decisions (3 Assignment sufficient, 4 Assignment defense upheld)This decision
20052010201520202025
Defense waivedAssignment sufficientAssignment defense upheldIssue of factThis decision

Of the 96 decisions on this question in the Second Department courts and the Court of Appeals, 31 (this one included) are in the same category.

Cited by

A label shows how the later decision treated this one.

  • Matter of Bay Needle Care Acupuncture, P.C. v Country Wide Ins. Co. (2019 NY Slip Op 07061) FollowedThe provider's challenge to its arbitration attorney fee failed because it submitted no documentation of hours worked.
  • Matter of 563 Grand Med., P.C. v Country-Wide Ins. Co. (2026 NY Slip Op 04293) FollowedThe provider's additional attorney's fee motion failed because no valid denied or overdue claim had been determined when it moved.

Similar decisions

  • Matter of American Tr. Ins. Co. v Atlantic Med. Care, P.C. (2025 NY Slip Op 07297)A master arbitrator's legal error does not warrant vacatur unless the determination is irrational.
  • Acuhealth Acupuncture, P.C. v New York City Tr. Auth. (2016 NY Slip Op 50297(U))The provider failed to establish grounds to vacate an award denying reimbursement because the no-fault policy was exhausted.
  • Matter of American Tr. Ins. Co. v Patient Care Assoc. (2026 NY Slip Op 01783)A master arbitration award must be confirmed when the court denies a petition to vacate it.
  • Matter of American Tr. Ins. Co. v Sovereign Med. Servs., P.C. (2026 NY Slip Op 03160)The master arbitrator's application of collateral estoppel to reject a verification defense was rational and supported by evidence.
  • Matter of Progressive Cas. Ins. Co. (Elite Med. Supply of N.Y., LLC) (2018 NY Slip Op 04122)A master arbitrator may vacate a no-fault award for substantive legal error without conducting de novo factual review.
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