Opinion
1341N, 261079/14.
05-31-2016
In re GLOBAL LIBERTY INSURANCE CO., Petitioner–Appellant, v. PROFESSIONAL CHIROPRACTIC CARE, P.C., etc., Respondent–Respondent.
The Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant. The Law Office of Sukhibir Singh, Richmond Hill (Ralph C. Caio of counsel), for respondent.
The Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant.
The Law Office of Sukhibir Singh, Richmond Hill (Ralph C. Caio of counsel), for respondent.
Opinion Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 10, 2015, which denied the petition to vacate a master arbitrator's award, 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 the law, which petitioner insurer had presented to the Master Arbitrator, that the no-fault policy issued by petitioner was void ab initio due to respondent's assignor's failure to attend duly scheduled independent medical exams (see American Tr. Ins. Co. v. Lucas, 111 A.D.3d 423, 424, 974 N.Y.S.2d 388 [1st Dept.2013] ). The alleged error in petitioner's denial of claim form is of “no moment” (Unitrin Advantage Ins. Co. v. Bayshore Physical Therapy, PLLC, 82 A.D.3d 559, 560, 918 N.Y.S.2d 473 [1st Dept.2011], lv. denied 17 N.Y.3d 705, 2011 WL 2535157 [2011] ), and was not a sufficient or rational basis for the award (see Auto One Ins. Co. v. Hillside Chiropractic, P.C., 126 A.D.3d 423, 424, 2 N.Y.S.3d 343 [1st Dept. 2015], citing Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207, 211, 445 N.Y.S.2d 77, 429 N.E.2d 755 [1981] ).
Respondent waived its objections regarding improper service of the petition, since it never moved to dismiss the petition on those grounds (see CPLR 3211 [e]; B.N. Realty Assoc. v. Lichtenstein, 21 A.D.3d 793, 796, 801 N.Y.S.2d 271 [1st Dept.2005] ; Matter of Resnick v. Town of Canaan, 38 A.D.3d 949, 951, 832 N.Y.S.2d 102 [3d Dept.2007] ).
FRIEDMAN, J.P., RENWICK, MOSKOWITZ, RICHTER, KAPNICK, JJ., concur.