Key Takeaway
Nassau County Judge Cooper's long career in no-fault insurance law cases, including IME no-show cross-motions and summary judgment practice in District Court.
People v Thomas (William), 2011 NY Slip Op 51338(U)(App. Term 1st Dept. 2011)
“Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Alfred Cooper, J.H.O.), rendered January 15, 2009, after a nonjury trial, convicting him of two counts of disorderly conduct, and imposing sentence.”
Does anyone know if this is the same judge Cooper who sat in District Nassau for a gazillion years?
I remember when I first started in this practice, I appeared before Judge Cooper in District Nassau, Third District, Great Neck Part (when there was a Great Neck part).
I had an IME no-show cross-motion for summary judgment, in opposition to a Plaintiff’s summary judgment motion. This was before the first Fogel and about contemporaneous to Millenium, so there was an open question as to whether the failure to appear for two IMEs was an absolute defense to no-fault benefits.
My motion was withdrawn, sua sponte, and was converted to an opposition. I asked the judge why he did that, and he said because that is what I meant to do. There was no use arguing with him, unless I wanted to be held in contempt. I still to this day fail to understand what happened.
Related Articles
- Understanding IME No-Shows in New York No-Fault Insurance: Rights, Consequences, and Strategic Considerations
- Understanding CPLR 3212(a): Critical Timing Rules for Summary Judgment Motions in New York
- The CPLR 3212(g) paradigm
- Reasonable excuse satisfied despite claim of lack of personal jurisdiction
- New York No-Fault Insurance Law
Legal Update (February 2026): The no-fault insurance regulatory landscape, including IME procedures and procedural requirements referenced in this post, may have been substantially modified through amendments to 11 NYCRR 65 and related Department of Financial Services regulations since 2011. Practitioners should verify current provisions regarding examination compliance requirements and summary judgment standards, as the legal framework governing these issues has evolved significantly over the past 15 years.
Common Questions
Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
