IN RE: 563 GRAND MEDICAL (2026)

DECISION & ORDER

In a proceeding pursuant to CPLR article 75, inter alia, to vacate a master arbitration award dated April 7, 2021, Country–Wide Ins. Co. appeals from an order of the Supreme Court, Kings County (Lillian Wan, J.), dated December 22, 2021.  The order, insofar as appealed from, granted that branch of the petition of 563 Grand Medical, P.C., which was to vacate the master arbitration award and denied the cross-petition of Country–Wide Ins. Co. to confirm the master arbitration award.

ORDERED that the order is affirmed insofar as appealed from, with costs.

563 Grand Medical, P.C. (hereinafter Grand Medical), commenced a prior proceeding against Country–Wide Ins. Co. (hereinafter Country–Wide) pursuant to CPLR article 75, inter alia, to vacate a prior master arbitration award dated February 18, 2020 (hereinafter the first master arbitration award).  The first master arbitration award had affirmed an arbitration award denying Grand Medical's claims for no-fault insurance benefits on the ground that Grand Medical failed to prove its standing to commence the prior proceeding.  In an order dated December 21, 2020, the Supreme Court, among other things, granted that branch of the prior petition which was to vacate the first master arbitration award and denied Country–Wide's cross-petition to confirm the first master arbitration award, concluding that the issue of standing had been impermissibly raised, sua sponte, by the arbitrator.  The court referred the matter to arbitration for further proceedings on Grand Medical's claims.  Thereafter, a master arbitrator rendered a master arbitration award dated April 7, 2021 (hereinafter the second master arbitration award), that was nearly identical to the first master arbitration award and failed to provide any new explanation for the denial of Grand Medical's claims.

Grand Medical commenced this proceeding pursuant to CPLR article 75, inter alia, to vacate the second master arbitration award.  Country–Wide cross-petitioned to confirm the second master arbitration award.  In an order dated December 22, 2021, the Supreme Court, inter alia, granted that branch of the petition and denied Country–Wide's cross-petition.

For the reasons set forth in Matter of 563 Grand Medical, P.C. v Country–Wide Ins. Co. (––– AD3d –––– [Appellate Division Docket No. 2021–03732;  decided herewith] ), the Supreme Court properly granted that branch of the petition which was to vacate the second master arbitration award and denied Country–Wide's cross-petition to confirm the second master arbitration award.

Country–Wide's remaining contention is without merit.

IANNACCI, J.P., WOOTEN, DOWLING and MCCORMACK, JJ., concur.