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The MVAIC blood letting continuesNovember 8, 2010

Some have said no-pain, no gain.  But, how much pain does one have to endure before it becomes apparent that “something is rotten in the State of Denmark.”

S & L Med. P.C. v MVAIC, 2010 NY Slip Op 51885(U)(App. Term 1st Dept. 2010)

“While MVAIC was not precluded by its conceded untimely denial of plaintiff’s claim from asserting the defense that plaintiff’s assignor was not qualified to receive no-fault benefits (see Matter of MVAIC v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]), MVAIC failed to establish that defense at trial.”

Also, at the rate things are going for MVAIC, this case should have been named “SNL Medical, P.C. v. MVAIC.”  This comedy show has to end.  It is embarrassing to the defense bar.

10 Responses

  1. SunTzu says:

    How on earth did you pull this off?

    http://www.courts.state.ny.us/REPORTER/3dseries/2010/2010_51900.htm

    Think you tried that 2106 trick on us before and it was not successful. We lost the war and didn’t even get a chance to fight. Smarty. I cast most of the blame on counsel for plaintiff playing right into your hand.

  2. SunTzu says:

    OK, now I recall, ZHENG.

    • JT says:

      The court let you get away with an unauthorized surreply in ZHENG. But the empire struck back in SANCHEZ – although you got a one judge dissent that said I was not being nice. I do not think I have any appellate battles with your firm on the horizon anytime soon. While Casio from Othello said that “he speaks home, madam; you may relish him more in the soldier than in the scholar,” I actually relish both.

  3. Raymond Zuppa says:

    I think counsel for Maniac … I am sorry MVIAC … is doing a fine job. They have the basic ingredients of a dynasty type law firm. I hear they have legal pads over there, pens, computers, limited access to LEXIS, and licensed attorneys. They are well on their way to being a White Shoe No Fault Defense Firm J.T. Frankly your jealousy is a bit disturbing.

    • JT says:

      Okay Ray. You have to give MVAIC credit. While they have finally been called out (so to speak) by the Appellate Term, First Department, they have probably successfully defended millions of dollars in claims by virtue of some favorable Appellate Term, Second Department decisions. And this is so, notwithstanding NYHMCQ v. MVAIC, 12 AD3d 429 (2d Dept. 2004), which petty much precluded the game they have been playing over the last 6 years. So, I will give MVAIC’s attorneys credit. But, all good things must come to an end, and I wish they would just stop appealing this stuff. It is embarrassing at this point.

  4. SunTzu says:

    The App Term 2nd has not yet gotten to the good stuff regarding MVAIC… and what is already on their table is nothing compared to what is coming down the the pike.

    There is about to be some division in the ranks. I think some Justices at the Appellate Division will find they have been led astray by a Justice and will no longer want to handle a ball that has become extremely dirty.

  5. SunTzu says:

    Oh and yes, we are also responsible for this MVAIC loss.

    We are running about 10 appellate victories in a row here, despite the blood letting before the 2nd, 11th and 13th.

  6. SunTzu says:

    I’ completely incorrect, S&L was not one of our cases. Chalk it up to daylight savings time, my brain is in a fog.

    • JT says:

      No excuses Sun… I am sure you have another 50 cases lined up against MVAIC. Are you going to hang up one of those award banners when you win your 50th?

  7. Raymond Zuppa says:

    One of my favorite alternative bands of the 80s early 90s was Concrete Blonde. They put out a record entitled “Blood Letting.” Do you think it was about MANIAC … I mean MVIAC?

    Funny story. I argued a motion against MANIAC in the Bronx. It was against a real weird guy that talked to himself. I won it. (I think it was my only win in the past 5 years) (The MANIAC lawyer during oral argument yelled “The last judge was a jerk.”)

    So after the loss he started cursing and mouthing off as he was walking outside the basement door onto the street. I followed him. Yelled out his name and when he turned I mooned him

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