ConfirmedApril 1, 2019

Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co., 2019 NY Slip Op 02338 (2d Dept. 2019)

“The master arbitrator’s determination of the law need not be correct: mere errors of law are insufficient to set aside the award of a master arbitrator” (Matter of Liberty Mut. Ins. Co. v Spine Americare Med., 294 AD2d at 577). “If the master arbitrator vacates the arbitrator’s award based upon an alleged error of a rule of substantive law,’ the determination of the master arbitrator must be upheld unless it is irrational” (id. at 576; see Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co., 149 AD3d at 829). Here, we agree with the Supreme Court’s determination vacating the master arbitrator’s determination, as there was no rational basis to support it.

What was the error of substantive law that that Supreme Court felt needed was wrong and required reversal?