Key Takeaway
Court vacates master arbitration award for failing to consider IME report despite electronic signature, highlighting CPLR 2106 flexibility in no-fault cases.
Global Liberty Ins. Co. v. Logic Chiropractic, P.C., (Sup. Bronx Co. 2016) Index #: 23560/2016E
I will say this again: Norman Dach’s passing was a bad day for the master arbitration program at AAA. The master arbitration system was created to correct legal errors that arbitrators make. Here is another rubber stamp that I must put on the egregious level.
For those following, the AAA case # is 411510086581. Again, these Article 75 orders do not get sent to the appropriate parties like the master arbitration awards so nobody in the system is aware when AAA gets it wrong.
Here is the text of the order:
Global Liberty Insurance Co.’s petition to vacate the award of the master arbitrator pursuant to CPLR 7511 is granted, as the petitioner established that the decision of the master arbitrator, affirming the lower arbitrator, was arbitrary because it failed to consider the independent medical examination report of chiropractor Dr. Areil Goldin (see In re Petrofsky , 54 N.Y.2d 207 ). As noted by the petitioner, the report should have been considered even though it was signed electronically and not notarized, because strict conformity with CPLR 2106 is not required under the no-fault regulations (Auto One Ins. Co. v. Hillside Chiropractic, P.C., 126 A.D.3d 423 ; 11NYCRR65-4.5 ). Contrary to respondent’s contentions, this Court finds Auto One Ins. Co. v. Hillside Chiropractic, P. C., to be on point and controlling. The master arbitration award dated May 2, 2016 is hereby vacated, the matter is remanded for a new arbitration hearing before a different arbitrator, and the petitioner is entitled to costs and disbursements, including petitioner’s $325 master arbitration fee.
This Constitutes the Decision and Order of the Court
Related Articles
- The CPLR 2106 Trap: Why Medical Practice Owners Must Avoid This Critical Procedural Error
- CPLR 2309 Compliance: Navigating Notarization Requirements in New York Litigation
- 2106 again…
- Renewal Under Certain Circumstances May Be Granted to Correct an Improper Affirmation: A Comprehensive Guide to CPLR 2106 Requirements
Legal Update (February 2026): The procedural requirements for independent medical examination reports under CPLR 2106 and the no-fault regulations cited in this 2016 decision may have been subject to regulatory amendments or judicial clarifications in the intervening years. Additionally, AAA’s master arbitration procedures and documentation requirements referenced in this case may have undergone modifications since 2016. Practitioners should verify current provisions under 11 NYCRR Part 65 and recent case law interpreting CPLR 2106 compliance standards in no-fault arbitrations.
