Opinion
02-23-2017
COUNTRY–WIDE INSURANCE COMPANY, Petitioner–Appellant, v. RADIOLOGY OF WESTCHESTER, P.C., as assignee of Elizabeth Colon, Respondent–Respondent.
Jaffe & Koumourdas, LLP, New York (Jean H. Kang of counsel), for appellant. Frank S. Patruno Law Offices P.C., Montgomery (Frank S. Patruno of counsel), for respondent.
Jaffe & Koumourdas, LLP, New York (Jean H. Kang of counsel), for appellant.
Frank S. Patruno Law Offices P.C., Montgomery (Frank S. Patruno of counsel), for respondent.
Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J), entered August 11, 2015, denying the unopposed petition to vacate a master arbitration award, dated March 17, 2015, which affirmed an arbitrator's award that had granted respondent no-fault insurance benefits, unanimously reversed, on the law, without costs, the petition granted, and the award vacated. The Clerk is directed to enter judgment accordingly.
The master arbitrator's award was arbitrary because it irrationally ignored petitioner's uncontroverted evidence establishing that the assignor failed to appear at the three scheduled examinations under oath (cf. Hertz Corp. v. Active Care Med. Supply Corp., 124 A.D.3d 411, 1 N.Y.S.3d 43 [1st Dept.2015] ; Easy Care Acupuncture P.C. v. Praetorian Ins. Co., 49 Misc.3d 137[A], 2015 N.Y. Slip Op. 51524[U], 2015 WL 6142843 [App.Term, 1st Dept.2015] ).
FRIEDMAN, J.P., RICHTER, KAPNICK, KAHN, JJ., concur.