![]() These determinations find ample support in the record and are therefore not arbitrary nor capricious. The arbitrator thus found the burden shifted to petitioner-insurer to establish the services were not medically necessary and further found that petitioner-insurer failed to meet this burden. 17 RECEIVED NYSCEF: prima facie showing of entitlement to no-fault benefits, proving: the timely submission of statutory claim forms, the amount of the loss, and that payment of such claims was overdue. The arbitrator found that respondent made a 652301/2021 COUNTRY-WIDE INSURANCE vs. Here, the arbitrator’s award was consistent with the evidence and not otherwise irrational or arbitrary. Simply put, it is well established that an arbitrator’s award is largely unreviewable by this Court (In re Falzone, 15 NY3d at 534). BarrogaHayes, 89 AD3d 1094 quoting Wien & Malkin LLP v. “An arbitration award must be upheld when the arbitrator offer even a barely colorable justification for the outcome reached” (Susan D. Helmsley-Spear, Inc., 6 NY3d 471 Transport Workers’ Union of Am., Local 100, AFL-CIO, 6 NY3d 332 ). Consequently, errors of law or fact do not form a basis to vacate an arbitrator’s award (Wien & Malkin LLP v. Village of Geneseo, 91 AD2d 858 aff’d 59 NY2d 726 ). Lisker, 68 NY2d 225 see also Geneseo Police Benevolent Assn. These grounds are exclusive and narrowly applied, “Courts are reluctant to disturb the decisions of arbitrators lest the value of this method of resolving controversies be undermined” (Goldfinger v. Likewise, where a strong public policy is violated by the award or the award is irrational, vacatur is proper (In Re Falzone (New York Cent. 17 RECEIVED NYSCEF: proceedings, or (iv) by the arbitrator’s failure to follow the procedures of Article 75 of the CPLR. ![]() CPLR § 7511 provides that within 90 days of service of an arbitrator’s award, a party may seek to vacate the award where the party’s rights were prejudice by (i.) corruption or fraud, (ii) partiality of the arbitrator, (iii) an arbitrator acting in excess of their authority or imperfectly executing their authority such that the final award did not address the subject of the arbitration 652301/2021 COUNTRY-WIDE INSURANCE vs. Petitioner seeks to vacate the arbitrator’s award, affirmed by the master arbitrator’s award, on the basis that the insurance policy at issue was exhausted, the award required petitioner to pay claims above the policy limits, and the arbitrators exceed their power and rendered and imperfect award. ![]() X The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 10, 11, 12, 13, 14, 15, 16 were read on this motion to/for VACATE - DECISION/ORDER/JUDGMENT/AWARD. 04 652301/2021 001 -vRIDGEWOOD DIAGNOSTIC LABORATORY LLC A/A/O VEGA MELISSA C, DECISION + ORDER ON MOTION Defendant. FRANK NERVO Justice -X COUNTRY-WIDE INSURANCE COMPANY, INDEX NO. 17 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. This opinion is uncorrected and not selected for official publication. Nervo Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. ![]() LLC 2022 NY Slip Op 31816(U) JSupreme Court, New York County Docket Number: Index No.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |