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MATTER OF COUNTRY-WIDE INSURANCE COMPANY v. BAY NEEDLE ACUPUNCTURE, P.C.

7768. 651296/15.

167 A.D.3d 404 (2018)

89 N.Y.S.3d 69

2018 NY Slip Op 08238

In the Matter of Country-Wide Insurance Company, Appellant, v. Bay Needle Acupuncture, P.C., as Assignee of Jasmine Walker, Respondent.

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

Decided December 4, 2018.

Petitioner failed to demonstrate that the arbitration award underlying the judgment was irrational and incorrect as a matter of law and that therefore the master arbitrator exceeded his power in affirming it (see CPLR 7511 [b] [1] [iii]). Petitioner's primary argument is that the no-fault arbitrator's refusal to accept its untimely opposition papers asserting a Mallela defense (State Farm Mut. Auto. Ins. Co. v...

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