On August 06, 2015 a
Order
was filed
involving a dispute between
Country-Wide Insurance Company,
and
Valdan Acupuncture, P.C. A A O Latonya Frazier,
for Article 75 proceedings
in the District Court of New York County.
Preview
(FILED: NEW YORK COUNTY CLERK 1171972015 11:46 AM INDEX NO. 652751/2015
NYSCEF DOC. NO. 25 RECEIVED NYSCEF 11/19/2015
SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY
PRESENT: GEOFFREY D.S. WRIGHT PART 47
Justice
COUNTRY-WIDE INSURANCE COMPANY, INDEX NO. 652751/15
MOTION DATE.
Plaintiff/Petitioner(s) MOTION SEQ. NO._OO2-_
-against-
VALDAN ACUPUNCTURE, P.C.,
Defendant/Respondent(s).
The following papers, numbered 1 to 3 were read on this motion to/for vacate default and set aside
arbitration award
| PAPERS NUMBERED
Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ...
Answering Affidavits — Exhibits
Replying Affidavits
Reply on cross-motion
Cross-Motion: X Yes No
Memoranda
Upon the foregoing papers, it is ordered that this motion to by the Respondent to vacate a
perceived default is denied as unnecessary, no default was entered. The petition to confirm the
arbitration award is granted. The motion to set aside the award is denied, a/p/o.
GEOFFREY p. WR
IE.
Dated: _Nov 4, 2015
JS.C.
Check one: |_] FINAL DISPOSITION LX NON-FINAL
DISPOSITION
Check if appropriate
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: Part 47
wee ete nnn n nee nee n nnn nnn nnn nnn nn nnn nnn enna anne nnn ene nneee,
COUNTRY-WIDE INS. CO. Index #652751/15
Motion Cal. #
Plaintiff-Petitioner(s). Motion Seq. #
DECISION/ORDER
-against- Pursuant To Present
Hon. Geoffrey Wright
VALDAN ACUPUNCTURE, P.C Judge, Supreme Court
a/a/o Latonya Frazier,
Defendants.
poten nnn e ene cnn nen een ee eens,
Recitation, as required by CPLR 2219(a), of the papers considered in the review of
this Motion to: vacate default and set aside arbitration award
PAPERS NUMBERED
Notice of Petition/Motion, Affidavits & Exhibits Annexed 1
Order to Show Cause, Affidavits & Exhibits
Answering Affidavits & Exhibits Annex
Replying Affidavits & Exhibits Annexed
Cross-motion & Exhibits Annexed
Supporting Affidavits
Memoranda
Upon the foregoing cited papers, the Decision/Order on this Motion is as follows
The Plaintiff moves to vacate a default presumably entered against it when no
opposing papers were received by the submission part. That part of the motion is
unnecessary. This part received a letter from the Petitioner’s attorney, and no action was
taken on the apparent default pending this motion. So default is forgiven. It was never
entered.
As to the application to vacate the arbitration award, that is denied. The Arbitrator and
the Master Arbitrator went to great lengths to.explore and explain the untimely submission
at the arbitration stage. The default there is not excused. The petition to confirm the
arbitration award is granted. Settle judgment.
Dated: November4, 2015 GEOFFREY pn, weic::-
2 z
Document Filed Date
November 19, 2015
Case Filing Date
August 06, 2015
Category
Article 75 proceedings
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(FILED: NEW YORK COUNTY CLERK 1171972015 11:46 AM INDEX NO. 652751/2015 NYSCEF DOC. NO. 25 RECEIVED NYSCEF 11/19/2015 SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY PRESENT: GEOFFREY D.S. WRIGHT PART 47 Justice COUNTRY-WIDE INSURANCE COMPANY, INDEX NO. 652751/15 MOTION DATE. Plaintiff/Petitioner(s) MOTION SEQ. NO._OO2-_ -against- VALDAN ACUPUNCTURE, P.C., Defendant/Respondent(s). The following papers, numbered 1 to 3 were read on this motion to/for vacate default and set aside arbitration award | PAPERS NUMBERED Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ... Answering Affidavits — Exhibits Replying Affidavits Reply on cross-motion Cross-Motion: X Yes No Memoranda Upon the foregoing papers, it is ordered that this motion to by the Respondent to vacate a perceived default is denied as unnecessary, no default was entered. The petition to confirm the arbitration award is granted. The motion to set aside the award is denied, a/p/o. GEOFFREY p. WR IE. Dated: _Nov 4, 2015 JS.C. Check one: |_] FINAL DISPOSITION LX NON-FINAL DISPOSITION Check if appropriate SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: Part 47 wee ete nnn n nee nee n nnn nnn nnn nnn nn nnn nnn enna anne nnn ene nneee, COUNTRY-WIDE INS. CO. Index #652751/15 Motion Cal. # Plaintiff-Petitioner(s). Motion Seq. # DECISION/ORDER -against- Pursuant To Present Hon. Geoffrey Wright VALDAN ACUPUNCTURE, P.C Judge, Supreme Court a/a/o Latonya Frazier, Defendants. poten nnn e ene cnn nen een ee eens, Recitation, as required by CPLR 2219(a), of the papers considered in the review of this Motion to: vacate default and set aside arbitration award PAPERS NUMBERED Notice of Petition/Motion, Affidavits & Exhibits Annexed 1 Order to Show Cause, Affidavits & Exhibits Answering Affidavits & Exhibits Annex Replying Affidavits & Exhibits Annexed Cross-motion & Exhibits Annexed Supporting Affidavits Memoranda Upon the foregoing cited papers, the Decision/Order on this Motion is as follows The Plaintiff moves to vacate a default presumably entered against it when no opposing papers were received by the submission part. That part of the motion is unnecessary. This part received a letter from the Petitioner’s attorney, and no action was taken on the apparent default pending this motion. So default is forgiven. It was never entered. As to the application to vacate the arbitration award, that is denied. The Arbitrator and the Master Arbitrator went to great lengths to.explore and explain the untimely submission at the arbitration stage. The default there is not excused. The petition to confirm the arbitration award is granted. Settle judgment. Dated: November4, 2015 GEOFFREY pn, weic::- 2 z