ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, Second Department
DecidedOctober 21, 2026
Citation2026 NY Slip Op 06081
Area of lawInsurance
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06081
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1341

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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Published October 21, 2026. Updated October 21, 2026.