For those aspiring writers out there, you could put together a decent law journal article in less than 4 hours based upon the near impossibility of plaintiffs’ ability to make a prima facie case on summary judgment in the lower courts in the Second Department.
Avenue I Med., P.C. v GEICO Indem. Co., 2012 NY Slip Op 52399(U)(App. Term 2d Dept. 2012);
Brooklyn Hgts. Physical Therapy, P.C. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 52398(U)(App. Term 2d Dept. 2012)
And now Hennig’s residual troubles with proving prima facie in District Court:
NYU-Hospital for Joint Diseases v American Tr. Ins. Co., 2012 NY Slip Op 52387(U)(App. Term 2d Dept. 2012)
Lenox Hill Hosp. v Tower Ins. Co. of N.Y., 2012 NY Slip Op 52391(U)(App. Term 2d Dept. 2012)
I have to imagine that the folks at AAA must like when they see decisions like this. The only alternative to this (besides trying ever case) would be to file in the First Department; yet, the calendar backups out there are atrocious. I would say file upstate, but then you will get a forum non conviens motion which will probably get granted. One could say that the courts (through 5 year adjournments) and the Appellate Term have done what the Legislature has been unable to do.
