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T.S. Med. P.C. v Country Wide Ins. Co. (2005 NY Slip Op 50581(U))
[*1]


Decided on March 31, 2005
Civil Court of the City of New York, Kings County

108436/04
Ellen M. Spodek, J.
Upon the foregoing papers, petitioner T.S. Medical P.C. moves for an order, pursuant to Article 75 of the CPLR, vacating a No-Fault Master Arbitration Award.
After petitioner was denied no-fault benefits, it filed a request for arbitration. The arbitration award that was rendered on March 23, 2004 denied petitioner's claim. Petitioner then requested a review of the arbitration award by a Master Arbitrator. The case was reviewed and the Master Arbitrator upheld the lower arbitration award. This decision was rendered on or around July 22, 2004. This petition is filed less than ninety (90) days since receipt of the Master Arbitrator Award.
The Second Department holds "[w]hen a party to a controversy is compelled by statute to submit to arbitration

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