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MATTER OF BAY NEEDLE CARE ACUPUNCTURE, P.C. v. COUNTRY WIDE INS. CO.

2018-06371, Index No. 2913/17.

176 A.D.3d 695 (2019)

112 N.Y.S.3d 209

2019 NY Slip Op 07061

In the Matter of Bay Needle Care Acupuncture, P.C., Appellant, v. Country Wide Insurance Company, Respondent.

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

Decided October 2, 2019.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn, NY ( Stefan Belinfanti and David M. Gottlieb of counsel), for appellant.

Jaffe & Velazquez, LLP, New York, NY ( Jean H. Kang of counsel), for respondent.

Mastro, J.P., Rivera, Miller and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

The petitioner commenced a no-fault arbitration proceeding seeking to recover from the respondent insurer for acupuncture treatments provided to the petitioner's assignor. After a no-fault arbitration hearing, an arbitrator determined that the respondent failed to establish its defenses, and awarded the petitioner the sum of $649.74, plus interest and an attorney's fee award, in effect, pursuant to 11 NYCRR 65-4.6(b...

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