May 30, 2018

Country-Wide Ins. Co. v TC Acupuncture, P.C. (2018 NY Slip Op 50786(U))

Headnote

The court considered the denial of motions for leave to reargue and vacate prior judgments which granted petitioner's applications to vacate master arbitration awards. The main issue decided was whether the judgments were obtained through fraud, misrepresentation, or other misconduct. The holding of the court was that the Civil Court properly denied the motions to vacate the judgments, as the respondents' contentions that the petitioner had knowledge of the alleged conflicts of the arbitrator amounted to nothing more than defense arguments which could have been asserted prior to the entry of judgment. Therefore, the orders affirming the denial of the motions were upheld, and the remaining arguments of the respondents were found to be unavailing.

Reported in New York Official Reports at Country-Wide Ins. Co. v TC Acupuncture, P.C. (2018 NY Slip Op 50786(U))

Country-Wide Ins. Co., Petitioner-Respondent,

against

TC Acupuncture, P.C., a/a/o Jims Calixte, Respondent-Appellant.

Country-Wide Ins. Co., Petitioner-Respondent,

against

New Century Acupuncture, P.C., a/a/o William Dew, Respondent-Appellant.

Country-Wide Ins. Co., Petitioner-Respondent,

against

New Century Acupuncture, P.C., a/a/o Debra Bond, Respondent-Appellant.

Country-Wide Ins. Co., Petitioner-Respondent,

against

New Century Acupuncture, P.C., a/a/o Ernig Mejia, Respondent-Appellant.

 Country-Wide Ins. Co., Petitioner-Respondent,

against

TC Acupuncture, P.C., a/a/o Johnny Sejour, Respondent-Appellant.

Country-Wide Ins. Co., Petitioner-Respondent,

against

New Century Acupuncture, P.C., a/a/o William Dew, Respondent-Appellant.