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MATTER OF NEW MILLENNIUM PAIN & SPINE MEDICINE, P.C. v. PROGRESSIVE CAS. INS. CO.

Index No. 654892/22. Appeal No. 879. Case No. 2023-03262.

220 A.D.3d 578 (2023)

198 N.Y.S.3d 317

2023 NY Slip Op 05369

In the Matter of New Millennium Pain & Spine Medicine, P.C., as Assignee of Richard Fischer, Appellant, v. Progressive Casualty Insurance Company, Respondent.

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

Decided October 24, 2023.

Attorney(s) appearing for the Case

Roman Kravchenko, Melville ( Jason Tenenbaum of counsel), for appellant.

McCormack & Mattei, P.C., Garden City ( Jamila Shukry of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Rodriguez, Pitt-Burke, Higgitt, Rosado, JJ.

Order, Supreme Court, New York County (John J. Kelley, J.), entered June 28, 2023, which denied petitioner's application pursuant to CPLR article 75 to vacate a master arbitration award, dated December 1, 2022, affirming an arbitrator's award denying petitioner's claim for no-fault benefits for medical services rendered to the insured, unanimously affirmed, without costs.

The court correctly denied the petition to vacate the master arbitration award. "Generally, a...

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