Poor Mr. Five Boro Psychological seems not to have too much luck in the world of published decisions. Well, you can add this one to the mix. What should be observed is that Supreme Court Justices on Long Island are not too enamored with the “you did not prove you mailed it” jurisprudence that has festered like a plague in the New York City Civil Courts. Interboro v. Bennett Here is a question – when is the last time you as an insurance carrier did not receive an affirmation in opposition with the famous “you did not prove you mailed it” argument?
Anyway, I think I can now enter a judgment for: $200 costs; $210 index number fee; $95 RJI fee; $45 motion fee; $40 enforcement fee; $680 service fee, and have the Sheriff enforce it against Five Boro. This totals, I believe $1,270. Note – Five Boro’s claim was for $1000. If only I could collect 9% per annum judgment rate interest.
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It also stinks to be American Transit today. They got hit with a $2 MM bad faith judgment. http://www.nycourts.gov/reporter/3dseries/2011/2011_51831.htm
This was really just one miscommunication too many. It happens, and this time it was costly.