Vital Points Acupuncture v. New York Cent. Mut. Fire

1 Citing case

  1. Am. Transit Ins. Co. v. Nexray Med. Imaging PC

    2023 N.Y. Slip Op. 50506 (N.Y. Sup. Ct. 2023)

    Notwithstanding the foregoing, unsupported conclusions and suspicions, as well as unsubstantiated hypotheses and suppositions are insufficient to raise a triable issue of alleged fraud (see A.B. Medical Services PLLC v Eagle Ins. Co., 3 Misc.3d 8 [App Term, 2d Dept, 9th & 10th Dists 2002]). To create a trial issue of fraud or lack of coverage, the specific facts must be alleged with particularity (see Vital Points Acupuncture, P.C. v. New York Cent. Mut. Fire Ins. Co., 6 Misc.3d 1031 [A], 2005 NY Slip Op 50267[U] [Civ Ct, Kings County 2005]). Clearly, Arbitrator Kim did not misapply well-settled law in the arbitration at bar.