X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following numbered papers were read on this petition: Petition (NYSCEF Doc No. 1) Notice of Petition (NYSCEF Doc No. 2) Exhibit A — Arbitration Award (NYSCEF Doc No. 3) Exhibit B — Master Arbitration Award (NYSCEF Doc No. 4) Exhibit C — Respondent’s Arbitration Request Form and Arbitration Submission (NYSCEF Doc No. 5) (“Rutland’s Arbitration Request Form & Submission”) Exhibit D-1 — Petitioner’s Arbitration Submission and Master Arbitration Appeal (NYSCEF Doc No. 6) (“ATIC’s Arbitration Submission and Master Arbitration Brief”) Exhibit D-2 — Petitioner’s Arbitration Submission (NYSCEF Doc No. 7) Exhibit D-3 — Petitioner’s Arbitration Submission (NYSCEF Doc No. 8) Exhibit D-4 — Petitioner’s Arbitration Submission (NYSCEF Doc No. 9) Exhibit D-5 — Petitioner’s Arbitration Submission (NYSCEF Doc No. 10) Exhibit D-6 — Petitioner’s Arbitration Submission (NYSCEF Doc No. 11) Statement of Authorization for Electronic Filing (NYSCEF Doc No. 12) Request for Judicial Intervention (NYSCEF Doc No. 13) Affidavit of Service (NYSCEF Doc No. 14) Statement of Authorization for Electronic Filing (NYSCEF Doc No. 15) Affidavit of Service (NYSCEF Doc No. 16) Statement of Authorization for Electronic Filing (NYSCEF Doc No. 17) Notice of Cross-Petition (NYSCEF Doc No. 18) Cross-Petition (NYSCEF Doc No. 19) Stipulation to Adjourn (NYSCEF Doc No. 20) Statement of Authorization for Electronic Filing (NYSCEF Doc No. 21) Affirmation in Opposition to Cross-Petition and Reply in Support of Petition (NYSCEF Doc No. 22) Reply Affirmation in Support of Cross-Petition (NYSCEF Doc No. 23) DECISION, ORDER and JUDGMENT Issue Presented In a No-Fault insurance master arbitration, where the master arbitrator failed to address the issue of law asserted by the insurer, but the issue of law was previously decided by the court in a different Article 75 proceeding, must the master arbitration award be vacated? Background Petitioner American Transit Insurance Company (“ATIC”) commenced this CPLR Article 75 proceeding by notice of petition, seeking an order and judgment vacating a No-Fault insurance master arbitration award of Richard B. Ancowitz, Esq. (dated July 25, 2022), which affirmed the arbitration award of Wendy Bishop, Esq. (dated April 8, 2022) granting Respondent Rutland Medical, PC’s (“Rutland”) claim for No-Fault insurance compensation for range of motion testing, muscle testing, physical performance testing, outcome assessment testing, trigger point injections, and chiropractic treatment reflected in a total of 25 bills.1,2 Arbitrator Bishop awarded $2,713.58 to Rutland as compensation.3 The services at issue were provided to Shania M. Pessoa Craig, who claimed to have been injured in a motor vehicle accident on April 18, 2019. She assigned her No-Fault insurance benefits to Rutland, and is denoted as “Assignor.”4 (See NYSCEF Doc No. 1, Petition

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›

Epstein Becker & Green is seeking an associate to joins its Commercial Litigation practice in our Columbus or Cincinnati offices. Ca...


Apply Now ›

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›