My day in court: by me

Sometimes, I forget how surreal this practice is.  I was in Civil Court today – those who saw me know which one.  I argued an acupuncture fee schedule motion and an IME cut-off/ fee schedule case without rebuttal.  My argument, of course, was based upon Great Wall, Enco and their progeny.  So I make my case in 3.5-5 minutes.  The opposing attorney goes on for 10 minutes – like an automaton- in the following order: 1) mailing insufficient; 2) no business record foundation; 3) no fee schedule exists; 4) the DOI’s arguments is unconstitutional; and 5) presumption of medical necessity thus I lose.

I think I was staring straight ahead wondering where I was.  I was reminded of the twilight zone episode “Willoughby”.  Watch it, if you never have.  For the BI attorneys out there who are not familiar with no-fault, think of the planet you are on when you appear in front of a certain judge who decides liability motions with the aid of match box cars.  It is the same feeling.

Oh here were my answers: 1) I won a case on the mailing issue with this client; 2) I don’t have to lay a business record foundation – ask your boss why; 3) Unitrin?  everyone must march to the beat of the DOI; 4) You did not put the Attorney General on notice; and 5) You can do better than that.

I then drove back to the office and asked myself what I accomplished today.

Related Articles

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• Critical timing rules for summary judgment motions under CPLR 3212(a)
• No-Fault verification requirements and compliance standards
• New York No-Fault Insurance Law

Legal Update (February 2026): New York’s no-fault fee schedules and reimbursement rates have undergone multiple revisions since 2011, including updates to medical fee schedules, procedural requirements, and regulatory amendments. The case law referenced, including Great Wall and Enco decisions, may have been supplemented by subsequent court rulings and regulatory changes. Practitioners should verify current fee schedule provisions and procedural requirements with the New York State Department of Financial Services and recent appellate decisions.