PLEASE NOTE THE FIRM'S PERMANENT ADDRESS HAS CHANGED TO 326 WALT WHITMAN RD SUITE C, HUNTINGTON STATION NY 11746

My day in court: by me

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

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.

Facebook
Twitter
Email
Print

One Response

  1. You are obviously upset that you had to even make those arguments — all of which are based upon horrendously decided decisions. Why no business records foundation?

    We should just concede.

    And here is what I get. A Provider operated out of 213 Mockingbird Lane. So did B Provider. B Provider once operated out of the same premises as the house in the Brady Bunch with C Provider. We sued C Provider along with 167 other persons/entities. Therefore there is an issue as to fraud in the incorporation as to A: deny summary judgment; give us all their bank records; strike from the trial cal; etc., etc.

Latest Article

Personal Injury Practice Areas

DO I HAVE A CASE?

DON'T ACCEPT LESS THAN WHAT YOU'RE OWED!

Choosing the right legal representation is one of the most critical decisions you can make after an accident.

Partnering with a skilled, experienced, and dedicated personal injury attorney can bolster your case and position you to secure the full financial compensation you’re entitled to.

Our firm is ready to manage every aspect of your case, including negotiations with insurance companies. We reject inadequate settlement offers and relentlessly fight for the maximum compensation you rightfully deserve.

Contact Us – We’re Here to Help


    5-Star Rating on Google