Jamaica Medical Supply, Inc. v. NY Central Mutual Fire Insurance

Although I am in full agreement *24with the majority that plaintiff is not limited as to the choice of forum (A.B. Med. Servs. PLLC v USAA Gen. Indem. Co., 9 Misc 3d 19 [2005]), I would affirm the order because I believe plaintiff’s case should be dismissed with prejudice. The dismissal by the arbitrator in the prior proceeding involving the assignor herein should be binding on this court. It was previously determined that Klever Guarnan was not present in the motor vehicle at the time and place of the accident that allegedly caused his injuries. The police report submitted in support of…