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Sanctions and a very annoyed courtOctober 6, 2015

I guess when you write many briefs, you forgot to change your template to accord your legal arguments to the actual facts.

Ultimate Health Prods., Inc. v MVAIC, 2015 NY Slip Op 51446(U)(App. Term 2d Dept. 2015)

“ORDERED that, on the court’s own motion, counsel for the respective parties are directed to show cause why an order should or should not be made and entered imposing such sanctions and costs, if any, against plaintiff’s counsel pursuant to Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1 (c) as this court may deem appropriate”

“To the extent Defendant proffered a purported police report, within Exhibit G’ to its motion, same was inadmissible. In particular, the document was not certified. Moreover, Defendant did not proffer an affidavit to set forth a foundation for its admissibility, authenticity or accuracy.”  NOT TRUE – It was certified

“Moreover, the appellant’s brief further asserts that the transcript of the examination under oath of plaintiff’s assignor did not demonstrate the existence of potential insurance coverage because it was not in admissible form as it was “unsigned and unsworn.” In fact, the transcript states, at the beginning and at the end, directly above the court reporter’s signature, that plaintiff’s assignor was duly sworn by a notary public.”

“Accordingly, we direct counsel for the respective parties to show cause why sanctions should or should not be imposed against plaintiff’s counsel”

My guess: $500.00

T & J Chiropractic, P.C. v MVAIC, 2015 NY Slip Op 51445(U)(App. Term 2d Dept. 2015)

“ORDERED that, on the court’s own motion, counsel for the respective parties are directed to show cause why an order should or should not be made and entered imposing such sanctions and costs, if any, against plaintiff’s counsel pursuant to Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1 (c) as this court may deem appropriate,”

Counsel for plaintiff asserts in the appellant’s brief submitted to this court that “To the extent Defendant proffered a purported police report, within Exhibit F’ to its motion, same was inadmissible. In particular, the document was not certified. Moreover, Defendant did not proffer an affidavit to set forth a foundation for its admissibility, authenticity or accuracy.”  NOT TRUE – it was certified

My guess: $500.00.

 

2 Responses

  1. Anonymous says:

    wHAT EVER HAPPENED TO MY HERO THAT WROTE THE APPELLATE TERM UNDER QUESTION PRESENTED

    WHAT’S A BOY TO DO.

    SEEMS HE GOT IT RIGHT. I WANT TO BE HIS LAWYER.

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