Country-Wide Ins. Co. v Bay Needle Care Acupuncture, P.C.

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Country-Wide Ins. Co. v Bay Needle Care Acupuncture, P.C. 2018 NY Slip Op 32138(U) August 30, 2018 Supreme Court, New York County Docket Number: 651697/2015 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 08/31/2018 09:50 AM INDEX NO. 651697/2015 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/31/2018 SUPREME COURT OF THE STATE OF NEW YORK . NEW YORK COUNTY PRESENT: PART HON. DEBRA A. JAMES IAS MOTION 59EFM Justice --------------------------------------------------------------------------------X COUNTRY-WIDE INSURANCE COMPANY, INDEX NO. 651697/2015 08/28/2018 MOTION DATE Petitioner, 002 MOTION SEQ. NO. -vBAY NEEDLE CARE ACUPUNCTURE, P.C. a/s/o EDWARD RITCHIE, DECISION AND ORDER Respondent. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 26, 27, 28, 29, 30, 31 were read on th is motion to/for AMEND/MODIFY DECISION/ORDER/JUDGMENT. ORDER Upon the foregoing documents, it is ORDERED that pursuant to CPLR 5019(a) the motion of respondent to modify this court's order dated October 28, 2016 to award attorneys' fees, as well as fees for the arbitrator and master arbitrator and to confirm the lower arbitration award is granted without opposition; and it is further ORDERED that to the extent respondent seeks additional discretionary attorneys' fees, which is opposed, such application is severed and ref erred to a Special Referee to hear and determine any such additional reasonable attorney's fees; and it is further ADJUDGED that this court's Order dated October 28, 2016 is corrected as follows; 651697/2015 COUNTRY-WIDE INSURANCE COMPANY vs. BAY NEEDLE CARE ACUPUNCTURE, Motion No. 002 1 of 4 Page 1of4 [*FILED: 2] NEW YORK COUNTY CLERK 08/31/2018 09:50 AM INDEX NO. 651697/2015 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/31/2018 The petition to vacate the lower arbitration award October 17, 2014 is denied and such award rendered in favor of respondent and against petitioner is confirmed; and it is further ADJUDGED that respondent Bay Needle Care Acupuncture, PC, having an address at 7612 Bay Parkway, Suite B, Brooklyn NY 11214, do recover from petitioner Country-Wide Insurance Company, having an address at 40 Wall Street, New York, NY 10005 , $ 3,958.04, the amount of plus interest at the rate of 2% per month from the date of November 27, 2012 , as computed by the Clerk in the amount of $ attorneys' ' foregoing total, plus fees in arbitrator's the amount fee of of $40, 20% plus of the master arbitrator's fee of $130, together with costs and disbursements in as taxed by the Clerk, the amount of $ total amount of $ ' and that the for petitioner the have execution therefor; and it is further ORDERED that respondent's claim for additional discretionary attorneys' fees is severed and the issue of the reasonable value of such additional legal services rendered and paid by respondent is severed and ref erred to the Special Referee Clerk for assignment to a Special Referee to hear and determine and, the Clerk shall enter judgment upon such determination without further motion; and it is further 651697/2015 COUNTRY-WIDE INSURANCE COMPANY vs. BAY NEEDLE CARE ACUPUNCTURE, Motion No. 002 2 of 4 Page 2of4 [*FILED: 3] NEW YORK COUNTY CLERK 08/31/2018 09:50 AM INDEX NO. 651697/2015 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/31/2018 ORDERED that the powers of the JHO/Special Referee shall not be limited beyond the limitations set forth in the CPLR; and it is further; ORDERED that this matter is hereby ref erred to the Special Referee Clerk (Room 119, 646-386-3028 or spref@nycourts.gov) for placement at the earliest possible date upon the calendar of the Special Referees Part (Part SRP), which, in accordance with the Rules of that Part (which are posted on the website of this court at www.nycourts.gov/supctmanh at the "References" link), shall assign this matter at the initial appearance to an available JHO/Special Referee to determine as specified above; and it is further ORDERED that counsel shall immediately consult one another and counsel shall, within 15 days from the date of this Order, submit to the Special Referee Clerk by fax (212-401-9186) or e- mail an Information Sheet (accessible at the "References" link on the court's website) containing all therein and that, soon as practical thereafter, as the information called for the Special Referee Clerk shall advise counsel for the parties of the date fixed for the appearance of the matter upon the calendar of the Special Referees Part; and it is further ORDERED that the parties shall appear for the reference hearing, including with all witnesses and evidence they seek to present, and shall be ready to proceed with the hearing, 651697/2015 COUNTRY-WIDE INSURANCE COMPANY vs. BAY NEEDLE CARE ACUPUNCTURE, Motion No. 002 3 of 4 on the Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 08/31/2018 09:50 AM INDEX NO. 651697/2015 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/31/2018 date fixed by the Special Referee Clerk for the initial appearance in the Special Referees Part, subject only to any adjournment that may be authorized by the Spe~ial Referees Part in accordancewUhthe Rules of that Part; and it is further ORDERED that, except as otherwise directed by the assigned JHO/Special Referee for good cause shown, the trial of the issue(s) specified.above shall proceed from day to day until completion and counsel must arrange their schedules and those of their witnesses accordingly; and it is further ORDERED that counsel shall file memoranda or other documents directed to the assigned JHO/Special Referee in accordance with the Uniform Rules of the Judicial Hearing Officers and the Special Referees (available at the "References" link on the court's website) by filing same with the New York State Courts Electronic Filing System (see Rule 2 of the Uniform Rules)]. DECISION As for attorneys' respondent's fees, entitlement to additional reasonable see Country-Wide Insurance Company v Bay Needle Care Acupuncture, P.C., 162 AD3d 407 (l 5 t Dept.· 2018). 8/30/2018 DATE CHECK ONE: APPLICATION: CHECK IF APPROPRIATE: X CASE DISPOSED X GRANTED D NON-FINAL DISPOSITION DENIED .,____... SETTLE ORDER GRANTED IN PART SUBMIT ORDER INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 651697/2015 COUNTRY-WIDE· INSURANCE COMPANY vs. BAY NEEDLE CARE ACUPUNCTURE, Motion No. 002 4 of 4 D 0 OTHER REFERENCE Page 4 of 4

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