MATTER OF V.S. CARE ACUPUNCTURE, P.C. v. COUNTRY-WIDE INS. CO.

2017-03467, Index No. 417/15.

176 A.D.3d 832 (2019)

107 N.Y.S.3d 879

2019 NY Slip Op 07264

In the Matter of V.S. Care 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 order dated September 23, 2015, is modified accordingly.

V.S. Care Acupuncture, P.C. (hereinafter V.S.), is the assignee of a claim for no-fault benefits for treatment it rendered to Eric Pascal. After the carrier, Country-Wide Ins. Co. (hereinafter Country-Wide), denied the claim, V.S. submitted the claim...

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