Country-Wide Ins. Co. v Bliss Drugs Inc.

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Country-Wide Ins. Co. v Bliss Drugs Inc. 2022 NY Slip Op 31877(U) June 9, 2022 Supreme Court, New York County Docket Number: Index No. 655418/2021 Judge: Frank P. Nervo 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. INDEX NO. 655418/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. FRANK NERVO Justice ---------------------------------------------------------------------------------X COUNTRY-WIDE INSURANCE COMPANY INDEX NO. MOTION DATE Plaintiff, MOTION SEQ. NO. 04 655418/2021 09/10/2021 001 -vAMENDED DECISION, ORDER, AND JUDGMENT ON MOTION BLISS DRUGS INC., Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 9, 10, 11, 12, 13, 14 were read on this motion to/for VACATE - DECISION/ORDER/JUDGMENT/AWARD. The Court’s decision under NYSCEF Doc. No. 15 is amended as below. Petitioner seeks to vacate the award of a master arbitrator upholding the arbitrator’s award of $1,216.00, after finding petitioner’s submissions untimely. Petitioner contends that vacatur of the master arbitrator’s award is warranted because the master arbitrator impermissibly upheld the arbitrator’s refusal to accept petitioner’s late filings. Respondent opposes. To the extent that petitioner alleges the master arbitrator’s award is marred by mistakes of law, it is well settled that “Courts are reluctant to disturb the decisions of arbitrators lest the value of this method of resolving controversies be undermined” (Goldfinger v. Lisker, 68 NY2d 225 [1986]; see also 655418/2021 COUNTRY-WIDE INSURANCE COMPANY vs. BLISS DRUGS INC. Motion No. 001 [* 1] 1 of 4 Page 1 of 4 INDEX NO. 655418/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/09/2022 Geneseo Police Benevolent Assn. v. Village of Geneseo, 91 AD2d 858 [4th Dept 1982] aff’d 59 NY2d 726 [1983]). Consequently, while a master arbitrator enjoys the authority to correct a mistake in law or fact by a lower arbitrator (Matter of Allstate Ins. Co. v. Wilen, 111 AD3d at 824), the Court does not enjoy similar authority to correct errors of law or fact by the master arbitrator (Wien & Malkin LLP v. Helmsley-Spear, Inc., 6 NY3d 471 [2006]; Transport Workers’ Union of Am., Local 100, AFL-CIO, 6 NY3d 332 [2005]). Accordingly, the Court declines to review the master arbitrator’s award for mistake in law or fact. Alternatively, assuming arguendo the Court were to reach the mistake of law and fact issue raised by petitioner, it is beyond cavil that “A master arbitrator is empowered to apply the law to a given set of facts even if his or her conclusion differs from that of the arbitrator,” and that the master arbitrator here acted within such authority (Matter of Allstate Ins. Co. v. Wilen, 111 AD3d 824 [2d Dept 2013] quoting Matter of Empire Ins. Co. v. Lam, 273 AD2d 469 [2d Dept 2000]). To the extent that petitioner alleges the master arbitrator’s award was impacted by mistakes of facts, the master arbitrator’s review of the sufficiency of evidence was properly limited to rational basis inquiry. Likewise, the arbitrator’s rejection of untimely papers was proper, as a matter of law, and petitioner fails to cite any authority to the contrary (Matter of Mercury Casualty 655418/2021 COUNTRY-WIDE INSURANCE COMPANY vs. BLISS DRUGS INC. Motion No. 001 [* 2] 2 of 4 Page 2 of 4 INDEX NO. 655418/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/09/2022 Co. v. Helathmakers Medical Group, P.C., 67 AD3d 1017 [2d Dept 2009]; 11 NYCRR § 65-4.2). Where a motion to vacate an arbitration award is denied, the Court must confirm the award (CPLR § 7511[e]; see also Matter of Board of Educ. Of Ardsley Union Free School Dist., Town of Greenburgh v. Ardsley Congress of Teachers, 78 AD2d 879 [2d Dept 1975]). Accordingly, it is ORDERED that the petition to vacate the master arbitrator’s award dated June 11, 2021 is denied; and it is further ORDERED that the master arbitrator’s award of June 11, 2021, upholding the award in favor of respondent, is confirmed; and it is further ORDERED that any requested relief not addressed herein has nevertheless been considered and is hereby denied; and it is further ORDERED and ADJUDGED that respondent BLISS DRUGS INC does recover from petitioner COUNTRY-WIDE INSURANCE COMPANY 655418/2021 COUNTRY-WIDE INSURANCE COMPANY vs. BLISS DRUGS INC. Motion No. 001 [* 3] 3 of 4 Page 3 of 4 INDEX NO. 655418/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/09/2022 the amount of $1,216.00, plus interest at the rate of 9% per annum from the date of June 11, 2021, as computed by the Clerk in the amount of $ _______________, together with costs and disbursements in the amount of $ _______________ as taxed by the Clerk, for the total amount of $ _______________, and that the respondent has execution therefor. THIS CONSTITUTES THE DECISION, ORDER, AND JUDGMENT OF THE COURT. 6/9/2022 DATE CHECK ONE: $SIG$ X CASE DISPOSED GRANTED • X NON-FINAL DISPOSITION DENIED APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT 655418/2021 COUNTRY-WIDE INSURANCE COMPANY vs. BLISS DRUGS INC. Motion No. 001 [* 4] 4 of 4 J .S.C. • • OTHER REFERENCE Page 4 of 4

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