Index No. 652963/2025, Motion Seq. No. 001. Supreme Court, New York County. Motion May 14, 2025. January 29, 2026.
DECISION + ORDER ON MOTION
PHAEDRA F. PERRY, Justice.
In the context of no-fault arbitrations, an arbitrator’s decision will not be vacated where it is rationally based (Petrofsky v. Allstate Ins. Co., 54 NY2d 207 [1981]). An Article 75 proceeding is not an opportunity for “judicial second-guessing” of an arbitrator’s findings, and courts are bound by the arbitrator’s factual findings (Metropolitan Transportation Auth. v. Westfield Fulton Center, LLC, 228 AD3d 435, 436 [1st Dept 2024]).
Here, the Court finds the master arbitrator’s affirmance of the lower arbitrator’s award was not irrational and was based in the applicable no-fault regulations (see, e.g. Global Liberty Ins. Co. v. Cambridge Medical, P.C., 193 AD3d 573 [1st Dept 2021]). When presented with conflicting evidence, it is up to the arbitrator to evaluate and weigh which evidence is determinative (Brown & Williamson Tobacco Corp. v. Chesley, 7 AD3d 368, 373-74 [1st Dept 2004] citing Hackett v. Millbank, Tweed, Hadley & McCloy, 86 NY2d 146 [1995]).
Based on the record before the Court, there is no basis to vacate the arbitration award in favor of Petitioner. Arbitrator Filosa’s award is rationally based, grounded in factual findings, based on sound and well-reasoned analysis of the evidence submitted and upon the proper application of the pertinent laws and regulations, which this Court is not permitted to disturb. Therefore, the petition is denied.
Because Respondent successfully defended this petition to vacate an arbitration award, it is entitled to attorneys’ fees pursuant to 11 NYCRR § 65-4.10(j)(4) (see also American Transit Ins. Co. v. Rutland Med. PC, 224 AD3d 531, 531 [1st Dept 2024]). Moreover, the fee award is in an amount fixed by the Court adjudicating the matter (see Matter of Country-Wide Ins. Co. v. TC Acupuncture P.C, 172 AD3d 598 [1st Dept 2019]).
However, Respondent’s request for attorney’s fees in the amount of $875.00 is denied without prejudice to renew upon submission of an invoice/time sheet outlining the specific breakdown of work done opposing the Petition.
ORDERED that Petitioner American Transit Insurance Company’s petition to vacate the arbitration award issued by Arbitrator Nancy Filosa dated November 27, 2024, in favor of Respondent Athena Chiropractic PC/Angela Whitted, and affirmed by the Master Arbitrator De Simone is denied; and it is further
ORDERED that within ten days of entry of this Decision and Order, Respondent Athena Chiropractic PC/Angela Whitted shall submit a proposed order and judgment granting Respondent’s cross-petition and granting it a judgment against Petitioner for the amount awarded ($3,575.60) plus statutory interest at the rate of 2% per month from June 5, 2024 as awarded by Arbitrator Filosa; and it is further
ORDERED that Respondent’s request for attorney’s fees under 11 NYCRR 65-4.10(j)(4) is denied with leave to renew upon submission within ten days of an invoice/time sheet outlining the specific breakdown of the work done; and it is further
ORDERED that the proposed order and judgment shall be submitted via e-mail to [email protected]; and it is further ORDERED that within ten days of entry, counsel for Respondent shall serve a copy of this Decision and Order, with notice of entry, on all parties via NYSCEF.
This constitutes the Decision and Order of the Court.