AVENUE C MEDICAL, P.C. v. ENCOMPASS INSURANCE OF MA

2014-00659

130 A.D.3d 764 (2015)

12 N.Y.S.3d 578

2015 NY Slip Op 06101

AVENUE C MEDICAL, P.C., as Assignee of Alejandro Romero-Garcia, Appellant, v. ENCOMPASS INSURANCE of MA, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 15, 2015.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to dismiss the complaint for lack of subject matter jurisdiction. The complaint, in effect, sought a de novo determination of the plaintiff's no-fault claim pursuant to Insurance Law § 5106(c). "The statute permits an insurer or a claimant to institute a court action to adjudicate the dispute de novo where the master arbitrator's award is $5,000 or greater...

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