In re the Arbitration between Gastworth

Fein and Lupiano, JJ.,

dissent in a memorandum by Fein, J., as follows: On this appeal from a judgment of the Supreme Court, New York County, modifying an arbitrator’s award under the "no-fault” insurance law (Insurance Law, § 670 et seq.), it is undisputed that claimant submitted proof of medical expenses totaling $7,307.60. However, the arbitrator awarded the sum of $3,000 without explaining the basis for his determination. Claimant’s application for modification of the arbitrator’s award pursuant to CPLR 7509 was denied by the arbitrator, without explanation. The majority, in remanding to…