Key Takeaway
Attorney Jason Tenenbaum reflects on former Judge Michael Ciaffa's transition to private practice and his contributions to no-fault insurance law understanding.
Former judges transitioning to private practice bring unique perspectives shaped by their years on the bench. Judge Michael Ciaffa, who previously presided over cases in New York’s court system, made significant contributions to New York No-Fault Insurance Law jurisprudence before entering private practice in criminal defense. His judicial decisions helped clarify complex issues around account stated claims and debtor protections in insurance cases.
The legal community often maintains close relationships between bench and bar, with attorneys learning from judicial insights that shape their understanding of case law. This case, People v. Pierre from the Appellate Division, Second Department, serves as a reminder of how former judges continue to influence legal practice even after leaving the bench.
Jason Tenenbaum’s Analysis:
People v. Pierre, 142 AD3d 566 (2d Dept. 2016)
First, I hope Judge Ciaffa returns to District Court. I learned from him about the variable nature of an account stated when a debtor is uninsured or under-insured, and that a credit card interest rate may not be enforceable in certain situations. Now in private practice, he is either on an 18-B panel or procuring private clients in the criminal defense arena.
I recall that I criticized one of his written no-fault opinions on here and, when I appeared in court one day, he called me up during calendar call and explained the rationale behind his decision.
Anyway, good to see his name again,
Key Takeaway
Judge Ciaffa’s judicial experience provided valuable insights into account stated claims and debtor protections in no-fault insurance cases. His willingness to engage with practicing attorneys about his decisions demonstrates the collaborative nature of legal learning between bench and bar, contributing to better understanding of complex insurance law principles.
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Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
