No Fault Defender – A Defense Attorney's Perspective on New York No-Fault Law
By: Jason Tenenbaum
Archive for the ‘Reasonableness and standard of proof’ Category
This one takes the cake
Dynamic Med. Imaging, P.C. v State Farm Mut. Auto. Ins. Co., 2010 NY Slip Op 20285 (Dis. Nassau 2010)
I am somewhat flabbergasted at this decision. I am pretty down the middle (I think) and I really try to be as fair as I can on this blog. With that introduction, I will say the following. I would probably volunteer to do the appeal on this one, just because it is off on the law, the facts and is against the trend of every modern case that has come out of both branches of the Appellate Term, Second Department, as well as some “hidden” Appellate Division precedent, which I will not disclose. You can read the facts of this case at your leisure.
