ADVANCED RECOVERY EQUIPMENT SUPPLIES LLC v. TRI STATE CONSUMER INSURANCE COMPANY (2023)

Supreme Court, Appellate Term, New York,

ADVANCED RECOVERY EQUIPMENT & SUPPLIES, LLC, as Assignee of Keith Hernandez, Respondent, v. TRI-STATE CONSUMER INSURANCE COMPANY, Appellant.

2021-249 N C

Decided: October 05, 2023

PRESENT: JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, BARRY E. WARHIT, JJ.

Thomas Torto, for appellant. Law Offices of Jonathan B. Seplowe, P.C. (Alan M. Elis of counsel), for respondent.

ORDERED that the judgment is affirmed, without costs.

Advanced Recovery Equipment & Supplies, LLC (Advanced) commenced this proceeding pursuant to CPLR 7511 to vacate a master arbitrator's award, which upheld the award of an arbitrator, denying Advanced's claims to recover assigned first-party no-fault benefits for services rendered on June 11, 2015. The District Court, by order entered January 10, 2020, granted the petition on the ground that the master arbitrator's award was contrary to settled law and remitted the matter to the master arbitrator for a new determination.

Upon a review of the record, we agree with the District Court's determination vacating the master arbitrator's determination, as there was no rational basis to support it (see Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co., 149 AD3d 828 [2017]). Consequently, contrary to the insurer's contention, the District Court properly granted the petition.

Accordingly, the judgment is affirmed.

GARGUILO, P.J., and EMERSON, J., concur. WARHIT, J., taking no part.

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