Key Takeaway
Baker Sanders litigation takes unexpected turn in malpractice case unrelated to PIP, exploring corporate veil piercing and attorney liability protections.
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
I apologize for not being too on the ball over the last few days with the posts. I have been involved in this crazy Yellowstone case that has landed me to three different courts and I am sensing a trip to the Appellate Division. There have been some real interesting ones that have come down the pike. So here we go. If you’re dealing with a no-fault insurance defense matter, an experienced attorney can help protect your rights.
Baker Sanders v. Comprehensive, et. ano.
First, kudos to Dave Barshay. Why you ask? Well everyone is aware I think of that nasty malpractice case that has pitted his firm against ex clients and other attorneys. As those who followed this saga are aware, the provider’s counsel, Roman Popik, Esq. served complaints upon certain partners of the Bakers, Sanders law firm individually, including David Barshay, Esq. and Robert Baker, Esq (the Baker Defendants). The Baker Defendants apparently interposed a pre-answer motion. Justice Warshawsky, following the submission of all of the papers and due deliberation had thereon wrote a 15 page order addressing the procedural infirmities of the complaint against the Baker Defendants.
What Mr. Popik in his complaint attempted to do was to hold the Baker Defendants personally liable for the alleged Baker, Sanders, LLC’s (“LLC”) malpractice. The Supreme Court in dismissing the causes of action that sought to hold the Baker Defendants liable for the LLC’s conduct found that a piercing of the corporate veil analysis was appropriate, and observed that the above partners’ conduct was insufficient to allow personal liability based upon the LLC’s actions. The Court also dismissed numerous causes of action as being duplicative of the malpractice cause of action.
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At the end of the day, the Baker Defendants will only be held liable for their own individual malpractice, if any. While I generally do not get involved with legal malpractice litigation, I sense that this case is quite precedential because it affords an incorporating attorney some of the same protections that other businesses enjoy through becoming a corporation.
Good job to the Baker Defendants.
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Legal Update (February 2026): Since this 2011 post discussing Baker Sanders litigation and corporate veil piercing principles, New York case law regarding professional liability and LLC member personal liability may have evolved through subsequent court decisions. Additionally, procedural rules governing motion practice and pleading standards referenced in this case may have been updated. Practitioners should verify current provisions of CPLR rules and recent precedent regarding professional entity liability when handling similar matters.
Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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