Interboro v. Boris Kleyman, Index #: 152395/10 (Supreme Ct. NY Co. 2013)
In this particular matter, Plaintiff moved to reargue the prior order of Supreme Court, dismissing the matters against certain Defendants on the basis the a provider has the unilateral choice to chose to arbitrate its bills.
As can be seen, the Court realized that the weight of judicial authority holds that an insurance carrier has the right, in the first instance, to litigate coverage issues in a Supreme Court action. Thus, leave to reargue was granted and, upon reargument, the motion to dismiss was denied en toto.
It should be noted that the initial opinion was published. Hopefully, this opinion will in turn be published.
**CORRECTION** Opinion was published today, 11/7/13
I will say that Justice Kern, to her credit, will reverse herself on reargument when presented with persuasive authority to do same.
