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MATTER OF AMERIPRISE INS. CO. v. KENSINGTON RADIOLOGY GROUP, P.C.

10856, 570192/17.

179 A.D.3d 563 (2020)

118 N.Y.S.3d 82

2020 NY Slip Op 00500

In the Matter of Ameriprise Insurance Company, Respondent, v. Kensington Radiology Group, P.C., as Assignee of Zoila McBean, Appellant.

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

Decided January 23, 2020.

Generally, courts will not set aside an award where "there is a rational view to support it" (Country-Wide Ins. Co. v May, 282 A.D.2d 298, 298 [1st Dept 2001]; see also Matter of Carty v Nationwide Ins. Co., 212 A.D.2d 462 [1st Dept 1995]). However, in addition to irrationality, an award may be vacated if the arbitrator exceeds his or her power (see CPLR 7511[b][1][iii]). An arbitrator...

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