Key Takeaway
Long Island attorney discusses Article 75 petition success against AAA master arbitrator decision in IME no-show case, highlighting systemic issues in no-fault arbitration.
This article is part of our ongoing article 75 coverage, with 180 published articles analyzing article 75 issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Global Liberty Ins. Co. v. Electrophysiological Medical, P.C., Index #: 21167/2016E (Sup. Ct. Bronx Co. 2016)
I think one of the weakest parts of the AAA no-fault dispute resolution services is the lack of depth that exists within the pool of the master arbitration panel. With the death of Normal Dachs, Esq., I feel we are left with “rubber stamps” who cite Petrofsky and affirm awards that are legally infirm. This case is a prime example:
AAA case #:41-14-1002-2571. Standard IME no show case. Presented were affidavits of no show and affidavits of non-appearance. Applicant argued the affidavit of mailing was not specific enough. Lower arbitrator agreed. I shook my head in disgust and appealed. I was not surprised when the award was affirmed. Of course, the affirmance is sent to the lower arbitrator, Larry Fuchsberg and Chris Maloney, which makes me look like a consistent overzealous “appealer” of NFA awards. I filed an Article 75. Respondent sought an adjournment and then shrugged her shoulders. Court granted the Petition and said the following:
“he petitioner established without opposition that the decision of the master arbitrator, affirming the lower arbitrator, was arbitrary (see In re Petrofsky ; Auto One Ins. Co. v. Hillside Chiropractic, P.C., 126 A.D.3d 423 ). The affidavit of Karin Bruford adequately demonstrated that IME letters were mailed to the respondent assignor in accordance with the petitioner’s standing and appropriate office mailing practices and procedures (see Preferred Mut. Ins. Co. v. Donnelly, 22 N.Y.3d 1169 ). The master arbitration award dated January 19, 2016 is hereby vacated, and the petitioner is entitled to costs and disbursements, including petitioner’s $325 master arbitration fee.”
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Since Judgment was granted, AAA will never know that their system failed again. Why do I post this? The system is broken. Do I have more of these in the Courts? Yes, too many. But, I will admit the petitions and appeals are entertaining and the vindication proves that I have not lost my mind totally.
I will condition the above statement on the fact that I have cases that are not as clear cut as this and a few others, and I cannot predict what the Appellate Division will do.
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Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Article 75 Proceedings: Judicial Review of Arbitration
CPLR Article 75 governs the judicial review of arbitration awards in New York. In no-fault practice, Article 75 petitions are the mechanism for challenging master arbitration awards — whether on grounds of irrationality, excess of power, or procedural irregularity. The standards for vacating or confirming arbitration awards are narrow but important. These articles analyze Article 75 jurisprudence and the practical considerations involved in seeking judicial review of no-fault arbitration outcomes.
180 published articles in Article 75
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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