March 16, 2016

Matter of Singh v Allstate Ins. Co. (2016 NY Slip Op 01855)

Headnote

The court considered a petition to vacate master arbitration awards that had denied the petitioner's no-fault claims for lost wages following an automobile accident. The petitioner appealed after the master arbitration awards were confirmed by a lower court. The main issue was whether there were sufficient grounds to vacate the master arbitration awards. The court held that the public policy in favor of arbitration meant that the grounds specified in CPLR 7511 for vacating or modifying a no-fault arbitration award were few and narrowly applied. In this case, the petitioner failed to demonstrate any ground for vacating the master arbitration awards, and the determinations of the master arbitrator were found to have evidentiary support and a rational basis. Therefore, the court affirmed the lower court's decision to deny the petition and confirm the master arbitration awards.

Reported in New York Official Reports at Matter of Singh v Allstate Ins. Co. (2016 NY Slip Op 01855)

Matter of Singh v Allstate Ins. Co.

2016 NY Slip Op 01855 [137 AD3d 1046]

March 16, 2016

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 27, 2016

[*1]

In the Matter of Tara Singh, Appellant,
v
Allstate Insurance Company, Respondent.

Law Offices of Hersh Jakubowitz, PLLC, Flushing, NY (David Jakubowitz of counsel), for appellant.

Peter C. Merani, P.C., New York, NY (Josh Youngman and Eric Wahrburg of counsel), for respondent.

In a proceeding pursuant to CPLR 7511 to vacate four master arbitration awards, all dated July 28, 2014, which affirmed four arbitration awards, all dated April 14, 2014, denying the petitioner’s no-fault claims for lost wages incurred as a result of an automobile accident, the petitioner appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered December 15, 2014, which denied her petition to vacate the four master arbitration awards and confirmed the four master arbitration awards.

Ordered that the order is affirmed, with costs.

“ ’Consistent with the public policy in favor of arbitration, the grounds specified in CPLR 7511 for vacating or modifying a no-fault arbitration award are few in number and narrowly applied’ ” (Matter of Allstate Ins. Co. v Westchester Med. Group, M.D., 125 AD3d 649, 650 [2015], quoting Matter of Mercury Cas. Co. v Healthmakers Med. Group, P.C., 67 AD3d 1017, 1017 [2009]). Here, the petitioner failed to demonstrate any ground for vacating the subject master arbitration awards. In addition, the determinations of the master arbitrator confirming the original arbitration awards had evidentiary support and a rational basis (see Matter of Smith [Firemen’s Ins. Co.], 55 NY2d 224, 231-232 [1982]; Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207, 211 [1981]). Accordingly, the Supreme Court properly denied the petition and confirmed the master arbitration awards. Rivera, J.P., Austin, Sgroi and Barros, JJ., concur.