The opinion
American Tr. Ins. Co. v All Boro Med. Rehabilitation
PLLC
2025 NY Slip Op 32487(U)
July 11, 2025
Supreme Court, New York County
Docket Number: Index No. 651075/2025
Judge: Alexander M. Tisch
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
INDEX NO. 651075/2025
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/11/2025
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. ALEXANDER M. TISCH PART 18
Justice
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INDEX NO. 651075/2025
AMERICAN TRANSIT INSURANCE COMPANY,
MOTION DATE 02/26/2025
Petitioner,
MOTION SEQ. NO. 001
- V -
ALL BORO MEDICAL REHABILITATION PLLC,
DECISION + ORDER ON
NNO MIGUELINA ESPINOSA,
MOTION
Respondent.
-----------------------·------------------------- ------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 11,
were read on this motion to/for VACATE - DECISION/ORDER/JUDGMENT/AWARD.
Upon the foregoing documents, petitioner American Transit Insurance Company
(American Transit) moves to vacate the arbitration awards issued by Arbitrator Eylan Schulman,
Esq. and Master Arbitrator Henry Sawits, Esq. (American Arbitration Association (AAA) Case
Nos. 17-24-1343-2908 and 99-24-1343-2908). Respondent All Boro Medical Rehabilitation,
PLLC (All Boro) has not appeared in this action. The petition to vacate the arbitration awards is
denied, and the award is confirmed.
According to the petition, a non-party was involved in a motor vehicle accident on or
about December 20, 2018, and sustained injuries (NY St Cts Elec Filing [NYSCEF] Doc No. 1,
Petition). The non-party allegedly assigned the right to All Boro to collect no-fault benefits for
medical treatment the non-party received for said injuries (NYSCEF Doc No. 1, Petition).
American Transit denied All Boro claims totaling $4,263.31 for services rendered from May 29,
2020, to August 4, 2023 (NYSCEF Doc No. 1, Petition) because the services were not allegedly
medically necessary as per the independent medical examination (IME) performed by Dr. Eric
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REHABILITATION PLLC,
Motion No. 001
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INDEX NO. 651075/2025
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/11/2025
Roth. All Boro initiated arbitration with American Transit for their denial of the no-fault benefits
claims (NYSCEF Doc No. 3, Exhibit A to Petition, Arbitration Award).
In AAA Case No. 17-24-1343-2908 ("Lower Arbitration"), Arbitrator Eylan Schulman,
Esq. determined American Transit incorrectly denied reimbursement to All Boro for medical
services rendered from May 29, 2020, to August 4, 2023, and awarded $4,263.31 to All Boro
(NYSCEF Doc No. 3, Arbitration Award). In AAA Case No. 99-24-1343-2908 ("Master
Arbitration"), Master Arbitrator Henry Sawits, Esq. affirmed the Lower Arbitration in its entirety
(NYSCEF Doc No. 4, Exhibit B to Petition, Master Arbitration Award). Petitioner American
Transit moves to vacate the Lower and Master Arbitration Awards pursuant to CPLR 7511.
American Transit alleges Arbitrator Eylan Schulman, Esq. exceeded the powers of an
arbitrator by failing to follow well-settled law in rendering the decision. American Transit also
alleges Master Arbitrator Henry Sawits, Esq. exceeded the powers of a master arbitrator by
failing to vacate an arbitration award that was contrary to well-settled case law. American
Transit contends that failure to follow well-settled law is grounds to vacate the arbitration award
pursuant to CPLR 7511 (b)(l) (i)-(iii).
CPLR 7511 (b) (1) provides an arbitration award "shall be vacated on the application of
a party who either participated in the arbitration or was served with a notice of intention to
arbitrate if the court finds that the rights of that party were prejudiced by: (i) corruption, fraud or
misconduct in procuring the award; or (ii) partiality of an arbitrator appointed as a neutral, except
where the award was by confession; or (iii) an arbitrator, or agency or person making the award
exceeded his power or so imperfectly executed it that a final and definite award upon the subject
matter submitted was not made ... "
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Motion No. 001
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/11/2025
The assignee of benefits under a no-fault insurance policy is entitled to recover payment
if the services or supplies at issue were medically necessary (Park Slope Med. and Surgical
Supply, Inc. v Travelers Ins. Co., 37 Misc 3d 19 [App Term 2d Dept, 2nd, 11th & 13th Jud Dists
2012]). "In a no-fault case, submission of a properly completed claim form is all that is needed to
establish, prima facie, that the supplies at issue were medically necessary" (Id. at 21 ). The
burden then shifts to the no-fault insurer to establish a lack of medical necessity (Id. at 21-22). If
the insurer establishes a lack of medical necessity, the burden shifts back to the assignee to prove
by a preponderance of the evidence the services or supplies were necessary (Id. at n.1 ).
American Transit contends it is well-settled law that, "[i]n order for an applicant to prove
that the services were medically necessary, it must meaningfully refer to, or rebut, the
conclusions set forth in the peer review" and/or the IME report that established a lack of medical
necessity (NYSCEF Doc No. 1, Petition at 10). American Transit argues Dr. Eric Roth's IME of
the injured non-party established a lack of medical necessity and required All Boro to
meaningfully rebut Dr. Eric Roth's determination to collect no-fault benefits. American Transit
alleges All Boro failed to do so, and Arbitrator Eylan Schulman, Esq. exceeded an arbitrator's
power by awarding All Boro the claim of $4,263.31.
American Transit's well-settled law is not mandatory in this instant action. "[W]hen
determining an issue of medical necessity, a no-fault hearing arbitrator is not required to apply
the well-settled case law holding that the health service provider must submit expert opinion
evidence which meaningfully refers to and either discusses or rebuts the conclusions of the
insurer's expert witness" (Am. Tr. Ins. Co. v Right Choice Supply, Inc., 78 Misc 3d 890 [Sup Ct
2023]). As such, Arbitrator Eylan Schulman, Esq. did not ignore well-settled law nor exceed an
arbitrator's power. Insofar as the lower arbitration was not contrary to well-settled case law,
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Motion No. 001
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/11/2025
Master Arbitrator Henry Sawits, Esq. did not fail to vacate an arbitration award that was contrary
to well-settled case law nor exceed the powers of a master arbitrator. This Court finds there are
no grounds pursuant to CPLR 7511 (b)(l) to vacate the arbitration awards.
Accordingly, it is hereby
ORDERED and ADJUDGED that the petition (Motion Sequence No. 001) is DENIED,
and the arbitration awards (AAA Case Nos. 17-24-1343-2908 and 99-24-1343-2908) rendered in
favor of All Boro Medical Rehabilitation, PLLC are confirmed; and it is further
ORDRED and ADJUDGED and the Clerk is directed to enter judgment in favor of
respondent dismissing this action, together with costs and disbursements to respondent, as taxed
by the Clerk upon presentation of a bill of costs.
This constitutes the decision and order of the Court.
7/11/2025
DATE ALEXANDER M. TISCH, J.S.C.
~
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED 0 DENIED GRANTED IN PART □ OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
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REHABILITATION PLLC,
Motion No. 001
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