SP Med., P.C. v General Assur. Co.

[*1] SP Med., P.C. v General Assur. Co. 2007 NY Slip Op 52452(U) [18 Misc 3d 128(A)] Decided on December 27, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 27, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT:: PESCE, P.J., GOLIA and RIOS, JJ
2006-1107 K C.

SP Medical, P.C. a/a/o Manuel Taveras, Appellant,

against

General Assurance Company, Respondent.

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

Judgment 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]). Accordingly, the court below properly denied
the petition to vacate the master arbitrator's award and confirmed the award (CPLR 7511 [e]).

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: December 27, 2007