IDS Property v. Stracar Medical, P.C., et. al.,
I really hope this is the one that breaks Westchester/Lincoln and expands the Clennon holding to encompass all of Unitrin. This was argued at the Appellate Division on March 4, 2014. The Court seems to be leaning in that direction. If they were not thinking true condition precedent, then they would not have mentioned this in Westchester/Geico and to some extent, would have found prejudice to Defendant in American Tr. Ins. Co. v. Roberson, when allowing the IME no show action to be discontinued without prejudice to be filed in Manhattan, a pure Unitrin jurisdiction.
We will know the answer probably on March 26, 2014, April 2, 2014 or April 9, 2014. Having not seen the papers, I cannot guess how this was argued or what occurred; but I have confidence that the Court will reach the conclusion it started in early January.
