AM. IND. INS. v. CHIROPRACTIC


12 Misc.3d 228 (2006)

811 N.Y.S.2d 904

AMERICAN INDEPENDENT INSURANCE, Petitioner, v. HEIGHTS CHIROPRACTIC CARE, P.C., as Assignee of CESAR ORTEGA, Respondent.

Supreme Court, New York County.

January 17, 2006.


Attorney(s) appearing for the Case

Freiberg & Peck, LLP, New York City (Matthew E. Schaefer of counsel), for petitioner.

Werner, Zaroff, Slotnick, Stern & Ashkenazy, Lynbrook (David Forman of counsel), for respondent.


OPINION OF THE COURT

LOTTIE E. WILKINS, J.

Petitioner moves, pursuant to CPLR 7511 (b) (1) (iii), to vacate the uninsured/underinsured motorist arbitration award rendered against petitioner and in respondent's favor on February 2, 2005. At issue is whether the arbitral forum had jurisdiction over the petitioner. Respondent opposes and raises several arguments as to why, under these circumstances, both the...

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