Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co.

[*1] Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co. 2007 NY Slip Op 51993(U) [17 Misc 3d 131(A)] Decided on October 10, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 10, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2006-891 K C.

Superior Medical Equipment & Supply, Inc. a/a/o VIVIAN MACK, Appellant,

against

Country-Wide Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered March 23, 2006. The judgment denied the petition to vacate the master arbitrator's award.

Judgment modified by adding thereto a provision confirming the master arbitrator's award; as so modified, affirmed without costs.

Upon a review of the record, we find a rational basis for the determination of the master arbitrator upholding the arbitrator's award which denied petitioner's claim for first-party no-fault benefits (see e.g. Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]; Matter of Adams v Allstate Ins. Co., 210 AD2d 319 [1994]; Matter of Shand
[Aetna Ins. Co.], 74 AD2d 442 [1980]). Consequently, the court below properly denied the petition to vacate the master arbitrator's award. However, upon denying the petition, the court was required, pursuant to CPLR 7511 (e), to confirm the award (see Matter of Exclusive Med. & Diagnostic v Government Empls. Ins. Co., 306 AD2d 476 [2003]), and we modify the judgment accordingly.

Pesce, P.J., Golia and Rios, JJ., concur. [*2]
Decision Date: October 10, 2007