October 5, 2023

Advanced Recovery Equip. & Supplies, LLC v Tri-State Consumer Ins. Co. (2023 NY Slip Op 51239(U))

Headnote

The main issue in this case was whether the master arbitrator's award, which upheld the denial of Advanced Recovery Equipment & Supplies, LLC's (Advanced) claims to recover assigned first-party no-fault benefits for services rendered on June 11, 2015, should be vacated. The District Court granted Advanced's petition to vacate the master arbitrator's award, holding that there was no rational basis to support it and remitted the matter to the master arbitrator for a new determination. The appellate court affirmed the judgment, finding that there was no rational basis to support the master arbitrator's determination and thus agreeing with the District Court's decision to vacate the award. Therefore, the main holding of the case was that the master arbitrator's award was properly vacated by the District Court and the matter was remitted for a new determination.

Reported in New York Official Reports at Advanced Recovery Equip. & Supplies, LLC v Tri-State Consumer Ins. Co. (2023 NY Slip Op 51239(U))

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Advanced Recovery Equip. & Supplies, LLC v Tri-State Consumer Ins. Co.

2023 NY Slip Op 51239(U)

Decided on October 5, 2023

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 5, 2023

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, BARRY E. WARHIT, JJ
2021-249 N C

Advanced Recovery Equipment & Supplies, LLC, as Assignee of Keith Hernandez, Respondent,

against

Tri-State Consumer Insurance Company, Appellant.

Thomas Torto, for appellant. Law Offices of Jonathan B. Seplowe, P.C. (Alan M. Elis of counsel), for respondent.

Appeal from a judgment of the District Court of Nassau County, First District (Robert E. Pipia, J.), entered January 10, 2020. The judgment was entered pursuant to an order of that court dated December 17, 2018, which granted a petition to vacate a master arbitrator’s award dated January 10, 2018 and remitted the matter to the master arbitrator for a new determination.

ORDERED that the judgment is affirmed, without costs.

Advanced Recovery Equipment & Supplies, LLC (Advanced) commenced this proceeding pursuant to CPLR 7511 to vacate a master arbitrator’s award, which upheld the award of an arbitrator, denying Advanced’s claims to recover assigned first-party no-fault benefits for services rendered on June 11, 2015. The District Court, by order entered January 10, 2020, granted the petition on the ground that the master arbitrator’s award was contrary to settled law and remitted the matter to the master arbitrator for a new determination.

Upon a review of the record, we agree with the District Court’s determination vacating the master arbitrator’s determination, as there was no rational basis to support it (see Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co.,149 AD3d 828[2017]). Consequently, contrary to the insurer’s contention, the District Court properly granted the petition.

Accordingly, the judgment is affirmed.

GARGUILO, P.J., and EMERSON, J., concur.

WARHIT, J., taking no part.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 5, 2023