MATTER OF GLOBAL LIBERTY INS. CO. v. COASTAL ANESTHESIA SERVICES, LLC

2586N, 260649/15.

145 A.D.3d 644 (2016)

2016 NY Slip Op 08964

42 N.Y.S.3d 803

In the Matter of GLOBAL LIBERTY INSURANCE CO., Appellant, v. COASTAL ANESTHESIA SERVICES, LLC, as Assignee of Lourdes Irizarry, Respondent.

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

Decided December 29, 2016.


Petitioner failed to demonstrate the existence of any of the statutory grounds for vacating the Master Arbitrator's award (CPLR 7511 [b]). The decision of the Master Arbitrator in affirming the arbitration award had evidentiary support, a rational basis, and was not arbitrary and capricious (see Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207, 211 [1981]). The original arbitrator properly acted within her discretionary authority...

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