Auto One Ins. Co. v. Hillside Chiropractic, P.C., 2015 NY Slip Op 01750 (App. Div., 1st Dept. 3/3/2015)
The Appellate Division, First Department reversed an order of the Supreme Court, which denied an insurer’s motion to vacate a Master Arbitrator’s decision affirming a No-Fault arbitration award in favor of the applicant medical provider, finding that the award should have been vacated based on the arbitrator’s failure to give any weight to a chiropractor’s IME report because it was not notarized in compliance with CPLR § 2106. The Court found that the lower arbitrator’s application of the strict evidentiary rules set forth in the CPLR was arbitrary in light of the fact that the regulations governing No-Fault arbitration state that conformity with such rules is unnecessary. The Appellate Division therefore held that the award should have been vacated.