Pomona Med. Diagnostics v GEICO Ins. Co., 2011 NY Slip Op 78799(U)(1st Dept. 2011)
Leave denied.
I reviewed the record. It was not the right case to take up to the First Department. I think that court saw that. The Appellate Division will take the right case up.
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4 Responses
Oh, hai.
Are you friends with Ms. Knodel, by chance, JT?
J.T. apparently Pomona is a boring case and its killed your ratings. Now summer is tough on ratings but still — this is bad.
Do something Zuppa to increase your ratings. Why not an interview with Zuppa.
A tell all. What I know. What I don’t know. Zuppa increases ratings.
Let me start stirring the pot here for JT’s benefit 😉
(This is not a JT repped case)
I just read this Nassau Sup Court decision here: Mount Sinai, 2011 NYSLIPOP 51423U, and I have decided I hate this purported “Special Investigations” unit operative Bill Wynne. Looking at the opinion, it appears Mr. Wynne’s position that the claim did not arise out of the accident was some sort of bizarre hokum regarding additional “reflexive” harm caused to the insured when she moved from the vehicle in an injured state. And State Farm took the position its hokum defense need not be timely denied… even though there is no ethical basis to allow the carrier to secret an insane hokum-based defense.
I just don’t know how some of these people can sleep at night. But I do know that they deserve all the slings and arrows that fate has in store form them.
There you go. The pot has been stirred. See Okslen ex rel Ray Zuppa I and II and III and the appeals and the motions for leave to appeal. At one time I had a winning record. Now I am way below the Mendozza line.