October 10, 2007

Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co. (2007 NY Slip Op 51993(U))

https://www.beynensonlaw.com/case-law/superior-med-equip-supply-inc-v-country-wide-ins-co-2007-ny-slip-op51993u/

Court
Appellate Term, Second Department
Decided
October 10, 2007
Citation
2007 NY Slip Op 51993(U) · 17 Misc 3d 131(A)
Posture
Article 75 petition
Outcome
Insurer prevailed
Issues
CPLR article 75 (arbitration awards)
Cite as
Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co., 17 Misc 3d 131(A), 2007 NY Slip Op 51993(U) (App Term, 2d Dept, 2d & 11th Jud Dists 2007)

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.

An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied. The provider challenged a master arbitrator's award upholding denial of its claim for first-party no-fault benefits. The Appellate Term, Second Department, found a rational basis for the master arbitrator's determination and upheld denial of the petition. It modified the judgment to add confirmation of the award and otherwise affirmed, preserving the insurer's favorable result.

Reported in New York Official Reports at Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co. (2007 NY Slip Op 51993(U))

[*1]
Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co.
2007 NY Slip Op 51993(U) [17 Misc 3d 131(A)]
Decided on October 10, 2007
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through November 4, 2011; it will not be published in the printed Official Reports.
Decided on October 10, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS


PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2006-891 K C.
Superior Medical Equipment & Supply, Inc. a/a/o VIVIAN MACK, Appellant,

against

Country-Wide Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered March 23, 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 first-party no-fault benefits (see e.g. Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]; Matter of Adams v Allstate Ins. Co., 210 AD2d 319 [1994]; Matter of Shand
[Aetna Ins. Co.], 74 AD2d 442 [1980]). Consequently, 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]), and we modify the judgment accordingly.

Pesce, P.J., Golia and Rios, JJ., concur. [*2]
Decision Date: October 10, 2007

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