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MATTER OF AMERICAN TR. INS. CO. v. SMART CHOICE MED., P.C.

Index No. 815196/22E. Appeal No. 437. Case No. 2023-00840.

217 A.D.3d 492 (2023)

190 N.Y.S.3d 369

2023 NY Slip Op 03191

In the Matter of American Transit Insurance Company, Respondent, v. Smart Choice Medical, P.C., as Assignor of Jeremy Cruz, Appellant.

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

Decided June 13, 2023.

Attorney(s) appearing for the Case

Roman Kravchenko , Melville, for appellant.

Larkin Farrell LLC, New York ( Anthony R. Troise of counsel), for respondent.

Concur—Oing, J.P., Singh, Moulton, Scarpulla, Shulman, JJ.

Order, Supreme Court, Bronx County (Marissa Soto, J.), entered January 27, 2023, which granted petitioner American Transit Insurance Company's (American Transit) petition to vacate the award of a master arbitrator, dated August 11, 2022, affirming a lower arbitrator's award, dated May 26, 2022, in favor of respondent Smart Choice Medical P.C. (Smart Choice) in the amount of $1,211.48, vacated the arbitration award, and denied Smart Choice's request for attorney fees, unanimously...

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