Ortho Prods. & Equip., Inc. As Assignee of Daniel Robinson, Nicholas Manickchand & Bradley Forbes v Interboro Ins. Co., 2012 NY Slip Op 61416(U)
Appellate Term of the Supreme Court
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
2011-551 K C
| Ortho Products & Equipment, Inc. as Assignee of Daniel Robinson, Nicholas Manickchand and Bradley Forbes, Respondent, v Interboro Ins. Co., Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 16, 2010, to strike paragraphs 8, 9, 12, 13, 14 and 15 from the respondent’s brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
It is noted that this court will not consider any matter that is dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
I do not know why this Court could not do what the Appellate Division does and refer this motion to the panel of judges hearing the appeal. Orders like this embolden sloppy Civil Court work with the incentive that on appeal the court will allow the Appellant or Respondent to raise unpreserved legal argument in and get away with it.
Unreal.
9 Responses
What’s all this talk about “dahors?” Was this a solicitation case?
I will keep making these motions because there is nothing worse in appellate practice than changing your underlying legal rational as to why relief should or should not be granted.
For instance, there is nothing wrong, per se, about arguing in Civil Court tht the proof was insufficient to mail the document and then expounding upon that argument on appeal. Perhaps it is a matter of laziness in the first instance, but the argument was still preserved. It is another thing to only argue that the defendant’s proofs were insufficient to show the services lacked medical necessity, at Civil Court, and then to argue on appeal that the claim was not timely denied. Something along these lines happened in this case.
What additional proof would have been offered had that argument been raised at the lower court?
That was a brilliant joke from Trial Lawyer
Dahors are at Onlinebootycall.com. Come check it out. I’ll tell you all about the ins and outs.
Oh man… you are all out of your collective minds.
Its the strain of litigating against White Shoe No Fault Defense law firms.
I think we should all make an attempt to work the word “dehors” into polite conversation.
This is one of those rare occassions where I agree with the esteemed Sir Lawrence Rogak.
Possibly work it in with “cf”
For example I am at a high powered insurance company gathering. I say “pass dehors” Or is that “whoredervs”. What ever. But then I say: “And waiter can I get a little bit of that cf too. I need me a piece of cf.”