MATTER OF CENT. GEN. HOSP. v. Hanover Ins. Co.
Cases that cite this one
19 later published cases cite this decision.
- In re the Arbitration between Shand & Aetna Insurance (Appellate Division of the Supreme Court of New York 1980)
- Meehan v. Nassau Community College (Appellate Division of the Supreme Court of New York 1998)
- Meehan v. Nassau Community College (Appellate Division of the Supreme Court of New York 1998)
- Metropolitan Property & Liability v. Mendelsohn (Appellate Division of the Supreme Court of New York 1998)
- Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co. (N.Y. 1996)
- In re the Arbitration between Obot (Appellate Division of the Supreme Court of New York 1996)
- Instituto De Resseguros Do Brasil v. First State Insurance Company (Appellate Division of the Supreme Court of New York 1995)
- Desiderato v. N & A Taxi, Inc. (Appellate Division of the Supreme Court of New York 1993)
- Mohiuddin v. Khan (Appellate Division of the Supreme Court of New York 1993)
- In re the Arbitration between Hirsch Construction Corp. & Cooper (Appellate Division of the Supreme Court of New York 1992)
- In re the Arbitration between Disston Co. & Aktiebolag (Appellate Division of the Supreme Court of New York 1992)
- Bevona v. Supervised Cleaning & Maintenance Co. (Appellate Division of the Supreme Court of New York 1990)
- Republic Claims Service Co. v. Allstate Insurance (Appellate Division of the Supreme Court of New York 1990)
- Karlan Construction Co. v. Bur-dick Associates Owners Corp. (Appellate Division of the Supreme Court of New York 1990)
- In re the Arbitration between Condell & Shanker (Appellate Division of the Supreme Court of New York 1989)
- In re the Arbitration between Science Development Corp. & Schonberger (Appellate Division of the Supreme Court of New York 1989)
- Puttre v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 1988)
- In re the Arbitration between Nixon Taxi Corp. & State Farm General Insurance (Appellate Division of the Supreme Court of New York 1987)
- Sheet Asphalt Workers Local Union No. 1018 v. Perez Interboro Asphalt Co. (Appellate Division of the Supreme Court of New York 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
In the Matter of Central General Hospital, as Assignee of Karla Brandstetter, Respondent,
v.
Hanover Insurance Company, Appellant.
Court of Appeals of the State of New York.
Donald F. Ayers and William P. Komar for appellant.
Joseph Henig for respondent.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
*951MEMORANDUM.
The order of the Appellate Division should be affirmed.
The subject arbitration was instituted to resolve Central General Hospital's claim that appellant Hanover Insurance Company had failed to pay a bill due under the provisions of the automobile no-fault law (Insurance Law, art 18). Hanover asserted that it had in fact remitted the sum, but was unable to produce a canceled check despite being granted what turned out to be a two-month extension after the hearing. Accordingly, the arbitrator found in favor of the hospital and awarded, in addition, an attorney's fee (Insurance Law, § 675, subd 1). A month later, the check was found, and the insurer brought this proceeding in the Supreme Court to vacate the award on the ground of newly discovered evidence. Special Term granted the application, but the Appellate Division reversed and reinstated the award, which, by consent of the hospital, had been reduced to the attorney's fee alone.
The discovery of new evidence is not among the grounds for vacatur of an arbitration award under CPLR 7511 (subd [b]) (see Kwasnik v Willo Packing Co., 61 AD2d 791; Matter of Ganser [New York Tel. Co. of Amer.], 41 AD2d 914, affd 34 N.Y.2d 717; Matter of Mole [Queens Ins. Co.], 14 AD2d 1).
Since the arbitration provided for by the no-fault law in these circumstances is compulsory (Insurance Law, § 675, subd 2), judicial intervention is limited (e.g., Matter of Levine v Zurich Amer. Ins. Co., 49 N.Y.2d 907, 908-909; cf. Mount St. Mary's Hosp. v Catherwood, 26 N.Y.2d 493, 510; Caso v Coffey, 41 N.Y.2d 153, 158). We can perceive no irrationality in an arbitrator's demand that payment be proved by exhibiting a *952 canceled check or in his decision in favor of the hospital when such proof was not presented. Nor is there any question as to the bona fides of the award or any alleged violation of constitutional rights or strong public policy (see Matter of Furstenberg v Aetna Cas. & Sur. Co., 49 N.Y.2d 757, 759).
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.