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MATTER OF GLOBAL LIBERTY INSURANCE COMPANY v. TOP Q. INC.

9508N, 27449/18E.

175 A.D.3d 1131 (2019)

105 N.Y.S.3d 703

2019 NY Slip Op 06445

In the Matter of Global Liberty Insurance Company of New York, Appellant, v. Top Q. Inc., as Assignee of Zurima Cole, Respondent.

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

September 3, 2019.

Attorney(s) appearing for the Case

Law Office of Jason Tenenbaum, P.C., Garden City ( Jason Tenenbaum of counsel), for appellant.

Concur—Sweeny, J.P., Renwick, Manzanet-Daniels, Tom, Oing, JJ.

The master arbitrator's award was arbitrary because it irrationally ignored the controlling law that the no-fault policy issued by petitioner was void ab initio due to respondent's assignor's failure to attend duly scheduled independent medical exams (see Hereford Ins. Co. v Lida's Med. Supply, Inc., 161 A.D.3d 442, 443 [1st Dept 2018]; Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C.,

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