Key Takeaway
Appellate Term Second Department allows unpreserved legal arguments in no-fault insurance appeal, potentially encouraging sloppy Civil Court work and litigation tactics.
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 ).
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.
