COUNTRY WIDE INS CO v. TC ACUPUNCTURE (2018)

Supreme Court, Appellate Term, New York,

COUNTRY–WIDE INS. CO., Petitioner–Respondent, v. TC ACUPUNCTURE, P.C., a/a/o Jims Calixte, Respondent–Appellant.
Country–Wide Ins. Co., Petitioner–Respondent, v. New Century Acupuncture, P.C., a/a/o William Dew, Respondent–Appellant.
Country–Wide Ins. Co., Petitioner–Respondent, v. New Century Acupuncture, P.C., a/a/o Debra Bond, Respondent–Appellant.
Country–Wide Ins. Co., Petitioner–Respondent, v. New Century Acupuncture, P.C., a/a/o Ernig Mejia, Respondent–Appellant.
Country–Wide Ins. Co., Petitioner–Respondent, v. TC Acupuncture, P.C., a/a/o Johnny Sejour, Respondent–Appellant.
Country–Wide Ins. Co., Petitioner–Respondent, v. New Century Acupuncture, P.C., a/a/o William Dew, Respondent–Appellant.

570114 /17

Decided: May 30, 2018

PRESENT: Shulman, P.J., Gonzalez, Edmead, JJ.

Orders (Michael L. Katz, J.), each entered December 1, 2015, insofar as appealable, affirmed, with one bill of $10 costs.

In prior unappealed judgments, Civil Court granted petitioner's CPLR 7511(b) applications to vacate the underlying no-fault arbitration awards on the ground that the arbitrator failed to disclose facts giving rise to an inference of bias. Respondents-appellants then moved to vacate those judgments on the ground that they were obtained through fraud, misrepresentation or other misconduct (see CPLR 5015[a][3] ). Civil Court properly denied the motions, since respondents' contentions that petitioner had knowledge of the alleged conflicts of the arbitrator amount to nothing more than defense arguments “which could have been asserted prior to the entry of judgment” (Abacus Real Estate Fin. Co. v. P.A.R. Constr. & Maintenance Corp., 128 AD2d 821 [1987]; see Fargnoli v. Parisi, 176 AD2d 396 [1991] ).

We have considered respondents' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network