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Not a wise appealFebruary 3, 2012

B.Y., M.D., P.C. v Global Liberty Ins. Co. of N.Y., 2012 NY Slip Op 50156(U)(App. Term 2d Dept. 2012)

This would normally win the Mr. Five Boro award, but Eagle v. Progressive took that title today.  This comes in a very close second.  Read the first two paragraphs.

Point 1: The order, insofar as appealed from, denied without prejudice plaintiffs’ motion for summary judgment and held the action in abeyance pending an application to the Workers’ Compensation Board for a determination of the parties’ rights under the Workers’ Compensation Law.”

Point 2: ORDERED that the order, insofar as appealed from, is modified by striking the provision denying without prejudice plaintiffs’ motion for summary judgment and by remitting plaintiffs’ motion to the District Court for a new determination after final resolution of a prompt application to the Workers’ Compensation Board to determine the parties’ rights under the Workers’ Compensation Law. In the event plaintiffs fail to file proof with the District Court of such application within 90 days of the date of the order entered hereon, the District Court shall deny plaintiffs’ motion and grant reverse summary judgment in favor of defendant dismissing the complaint unless plaintiffs show good cause why the complaint should not be dismissed.

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