Key Takeaway
Court sanctions attorney for inappropriate brief language criticizing Appellate Term decisions and discusses employer liability for inadequate legal supervision in NY insurance cases.
Promed Durable Equip., Inc. As Assignee of Shavonne Flinch v Geico Ins., 2014 NY Slip Op 72449(U)(App. Term 2d Dept. 2014)
You can read this. From the opinion (a quotation from the offending brief): “the recent Park Slope decision is replete with foundationless claims and misunderstandings of both law and argument. The funny thing is there is nothing to be done about it, except go to the Court of Appeals given the unavailability of the Appellate Division, Second Department. It seems clear from discussion with Plaintiff firms and judges that there is an agreement that this Appellate Term will redefine the laws of evidence in order to suit the insurance company business model, while at the same time the Appellate Division will not accept cases from the Appellate Term.”
While the text of what was said was perhaps overboard, the substance might have merit. See Matter of State of New York v Floyd Y., 22 NY3d 95 (2013)
And as an employer, keep your eyes open: “With respect to Ilona Finkelshteyn, Esq., the name of whose law firm appears on each brief submitted by Mr. Vitarelli, the court finds that “in the exercise of reasonable management or supervisory authority, knew or should have known” of Mr. Vitarelli’s conduct (Matter of Berkman, 55AD3d 114, 117 ) and failed, under the circumstances, to adequately supervise the work submitted by Mr. Vitarelli, which bore Ms. Finkelshteyn’s name (see Matter of Shapiro, 55 AD3d 291 ).”
Related Articles
- Written opposition – the key to beating people on procedural defects
- First Department Legal Decisions: Impact on No-Fault Practice and New York Legal Practitioners
- Civil Court Decisions in No-Fault Insurance: When Legal Reasoning Goes Wrong
- An expert’s opinion that relies on an unsworn MRI report constitutes competent evidence
- New York No-Fault Insurance Law