Key Takeaway
Court decision eliminates "poor man's DJ" option for no-fault insurance disputes under $25k, reversing Five Boro case that allowed Civil Court jurisdiction
Fresh Acupuncture, P.C. v Interboro Ins. Co., 2017 NY Slip Op 27214 (App. Term 2d Dept. 2017)
The Appellate Term about seven years ago gave us Five Boro Psychological Servs., P.C. v AutoOne Ins. Co., 27 Misc.3d 89 (App. Term 2d Dept. 89), which broadly gave Civil Court DJ jurisdiction for matters involving insurance companies where the amount in dispute is less than $25,000. Today, that Court took it away from us. So goes the “poor man” DJ, i.e., $45 for an index number, no motion fee and no RJI fee.
As to a background on this, we obtained a judgment from Supreme Court that various providers were not entitled to no-fault benefits for whatever the reason was. We never knew about Fresh Acupuncture. Remembering Five Boro, I said, lets bring a poor man’s DJ in Manhattan. Apparently, this new panel of judges believe CCA 212-a should be given a narrow reading. Well, what can I say, they wear the robes; I am just a practitioner who keeps a blog and writes tons of motions and appeals.
But I think the real issue here is with the trial de-novos that rumor has certain firms like to bring in Civil New York. It would seem like the smart practitioner would default on those and move to confirm the underlying arbitration award in Civil Court, Queens County.
I have no real opinion as to whether this decision is “right” or “wrong”. I think practically, the lower courts should all have broad subject matter jurisdiction of matters that is within their monetary limits. I also think the concept of a Village Court and Town Court should be abolished. Term limits would be nice. Thus, I am voting to hold a constitutional convention this election day.
