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Happy Smiles Dental v. Amer. Tr. Ins.

Appellate Term of the Supreme Court of New York, Second Department
Jul 7, 2010
2010 N.Y. Slip Op. 51178 (N.Y. App. Term 2010)

Opinion

2008-2059 K C.

Decided July 7, 2010.

Appeal from an order of the Civil Court of the City of New York, Kings County (Delores Thomas, J.), entered September 25, 2006. The order denied the petition of All For Happy Smiles Dental, P.C. to vacate a master arbitrator's award.

ORDERED that the order is affirmed without costs.

PRESENT: STEINHARDT, J.P., PESCE and RIOS, JJ.


All For Happy Smiles Dental, P.C. commenced this proceeding pursuant to CPLR 7511 to vacate a master arbitrator's award, which had upheld the denial of its claim for reimbursement of assigned first-party no-fault benefits. The Civil Court denied the petition, and this appeal ensued.

As the pertinent facts in this case are the same as those in

563 Grand Med., P.C. v Nationwide Ins. Co. ( 24 Misc 3d 135 [A], 2009 NY Slip Op 51493[U] [App Term, 2d, 11th 13th Jud Dists 2009]), Avanessov v State-Wide Ins. Co. ( 21 Misc 3d 132 [A], 2008 NY Slip Op 52131[U] [App Term, 2d 11th Jud Dists 2008]) and SP Med., P.C. v Country-Wide Ins. Co. ( 20 Misc 3d 126[A], 2008 NY Slip Op 51230[U] [App Term, 2d 11th Jud Dists 2008]), for the reasons stated in those cases, the instant order is affirmed.

Steinhardt, J.P., Pesce and Rios, JJ., concur.


Summaries of

Happy Smiles Dental v. Amer. Tr. Ins.

Appellate Term of the Supreme Court of New York, Second Department
Jul 7, 2010
2010 N.Y. Slip Op. 51178 (N.Y. App. Term 2010)
Case details for

Happy Smiles Dental v. Amer. Tr. Ins.

Case Details

Full title:ALL FOR HAPPY SMILES DENTAL, P.C. as Assignee of VLADIMIR TYBOROVSKY…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jul 7, 2010

Citations

2010 N.Y. Slip Op. 51178 (N.Y. App. Term 2010)