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MATTER OF NEW YORK CITY ANSIT AUTHORITY v. PHYSICAL MEDICINE & REHAB OF NY PC

5796N. 453014/15.

158 A.D.3d 568 (2018)

71 N.Y.S.3d 461

2018 NY Slip Op 01260

In the Matter of NEW YORK CITY TRANSIT AUTHORITY, Appellant, v. PHYSICAL MEDICINE & REHAB OF NY PC, as Assignee of Valerie Mathis, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 22, 2018.

Petitioner's application to vacate the award pursuant to CPLR 7511, or for de novo review (see 11 NYCRR 65-4.10 [h]), was properly denied because the award "had evidentiary support, a rational basis, and was not arbitrary and capricious" (Matter of Global Liberty Ins. Co. v Coastal Anesthesia Servs., LLC, 145 A.D.3d 644, 645 [1st Dept 2016]).

Contrary to petitioner's arguments, the facts of this case are distinguishable...

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