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MATTER OF ACUHEALTH ACUPUNCTURE, P.C. v. COUNTRY-WIDE INS. CO.

2017-03466, Index No. 416/15.

176 A.D.3d 800 (2019)

112 N.Y.S.3d 767

2019 NY Slip Op 07246

In the Matter of Acuhealth Acupuncture, P.C., Respondent, v. Country-Wide Ins. Co., Appellant.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Jaffe & Koumourdas, LLP ( Thomas Torto , New York, NY, of counsel), for appellant.

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

Balkin, J.P., Roman, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the master arbitrator's award dated October 10, 2014, is confirmed, and the undated order is modified accordingly.

Acuhealth Acupuncture, P.C. (hereinafter Acuhealth), is the assignee of a claim for no-fault benefits for treatment it rendered to Hector Rojos. After the carrier, Country-Wide Ins. Co. (hereinafter Country-Wide), denied the claim, Acuhealth submitted the claim to arbitration...

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