Eagle Surgical Supply, Inc. v Travelers Indem. Co., 2010 NY Slip Op 51775(U)(App. Term 2d Dept. 2010)
“In opposition to the motion, plaintiff argued, among other things, that it had responded to the requests for additional verification, and annexed its responses as an exhibit.”
“[t]he record unequivocally demonstrates that plaintiff failed to provide all of the requested additional verification. As a result, the order granting defendant’s motion for summary judgment dismissing the complaint is affirmed”
So, if you ask for 10 things and only get 9, then the action is still premature. This case is interesting for many reasons.
8 Responses
This case does not pertain to invalid demands or correspondence informing that certain verification cannot be obtained. The plaintiff did not argue those points in the appellate brief, which I obtained. Plaintiff’s counsel merely argued that the evidence established all the verification demands were complied with. No discussion was made of any particular demand. Argument section of brief was three pages.
It may just be me, but it seems like good no-fault defense attorneys would be excellent at representing homeowners trying to defend against foreclosure. Its time to put those skills to work and stop bugging me.
http://www.nytimes.com/2010/10/21/business/21standoff.html?hp
Slick – what makes you think some of us do not represent homeowners averting foreclosure and debtors who owe credit card debts?
jt, I havent seen it, but of course it could be out there. it’s not meant to be an attack on the defense bar.
all i’m saying is there’s a large overlap in skills for any individuals or firms that are interested. I actually think the money might be better as well.
Shame on you Slick. No Fault Defense attorneys are just as big bottom feeders as No Fault Plaintiff attorneys. They’ll represent an old lady who is being foreclosed upon just as long as the check clears. During rough times you can find them in traffic court offering to rep people who get speeding tickets. A pervert with a bank account — a no fault defense attorney will take the case.
No Fault defense attorneys are just as noble as all the rest of us.
We all do what we have to in order to survive, and many of us either volunteer or perform services at a highly reduced rate to help those in need. Some of us take pride in fighting a certain foreclosure firm based in Buffalo, a few credit-card collection firms based in Nassau and Western Suffolk, contractors who are getting sued because a Claimant wants her driveway paved and remodeled for free, etc. I also prosecuted a Family Court case at a highly reduced rate because the child’s father, who had a nice state pension, was trying to deny his child a college education, despite a divorce judgment that said otherwise, and a mother who had little to no money.
Perhaps I am a little sensitive to some of the accusations that people make about no-fault defense attorneys.
like i said, it’s nothing personal, but I am confident that you and a lot of other defense guys could contest a bank’s prima facie case in your sleep. Gov. Patterson even signed an attorneys’ fees statute for the attorneys who represent homeowners against foreclosure so it might even be a good business. I dont think it would be something you would take for free or at a highly reduced rate. I think there’s money in it.
It’s just a matter of marketing to get the clients.
That’s a low blow J.T. We had a gentleman’s agreement that you would never discuss the case wherein you represented my ex wife. And I deny everything you said. My pension is okay and the little brat might not be my son despite the so called “overwhelming DNA evidence” you presented.
My cases against certain insurance entities are all pro bono and in fact have cost me thousands of dollars. I also cleared a man of a homicide 52 years after the fact — pro bono — because I loved the client and wanted to do something no one ever did.
It’s all about the hate and conflict. I really love it.