CURE (CITIZENS UNITED RECIPROCAL EXCH.) v. MIAN

Index No. 652816/18. Appeal No. 14139. Case No. 2020-02021.

195 A.D.3d 564 (2021)

146 N.Y.S.3d 490

2021 NY Slip Op 04100

CURE (Citizens United Reciprocal Exchange), Appellant, v. Shahid Mian, M.D., as Asignee of Phillip Lambert, Respondent.

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

Decided June 29, 2021.


Attorney(s) appearing for the Case

Law Offices of Peter C. Merani, P.C., New York ( Adam Waknine of counsel), for appellant.

Concur— Manzanet-Daniels, J.P., Kern, Mazzarelli, Shulman, JJ.


Rather than moving to vacate the varied arbitration awards pursuant to CPLR article 75, plaintiff seeks de novo adjudication of defendant's entitlement to assigned no-fault insurance benefits of more than $5,000, following review by a master arbitrator (Insurance Law § 5106[c]). Plaintiff's initial motion for summary judgment made reference to certain AAA arbitration award decisions finding New York lacked personal jurisdiction over plaintiff, an out-of-state insurer...

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