Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06081
American Transit Insurance Company v Bliss Acupuncture, P.C.
Read the official decision: 2026 NY Slip Op 06081
Holding The dismissal of a de novo action due to the plaintiff’s failure to comply with discovery demands revives the underlying master arbitration award, making it binding on the parties. Consequently, the defendant is entitled to confirmation of that award and an award of reasonable attorneys’ fees for services performed in connection with the de novo action and the appeal.
The court’s words
the dismissal of the complaint in the instant action due to the plaintiff's failure to comply with discovery demands revived the master arbitration award
2026 NY Slip Op 06081, at the official text
the defendant sought payment of the overdue claims for no-fault insurance benefits, it was entitled to an award of attorneys' fees
2026 NY Slip Op 06081, at the official text
the commencement of the de novo action did not eliminate the master arbitration award but only placed it in a dormant state
2026 NY Slip Op 06081, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06081 |
| Area of law | Insurance |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06081 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1341 |
Recommended citation
ESQ HQ, New York Law Watch, American Transit Insurance Company v Bliss Acupuncture, P.C., 2026 NY Slip Op 06081 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06081/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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