Key Takeaway
Appeals court rules on judgment offset motion in no-fault insurance case, finding Civil Court's refusal to set off judgments was not improper exercise of discretion.
This article is part of our ongoing judgments coverage, with 5 published articles analyzing judgments issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Rehabxpress, PT, P.C. v Auto One Ins. Co., 2017 NY Slip Op 27246 (App. Term 2d Dept. 2017)
Mr. Rybak likes to chide me about my not publishing my losses on this blog. I always like to tell him it is my blog and I can publish what I want. In all seriousness, sometimes I am guilty of thinking way outside the box and perhaps a few solar systems away. Give this one a “P” for Pluto the planet that is not a star.
Here, I figured I could take a cost and disbursement judgment, offset it against a Civil Court judgment and be free and clear. It seemed so logical to me. Apparently, the gang on the 15th floor at 141 Livingston disagreed with me or, even worse, left open the issue for another day.
First, they stated the partial SOJ was never filed. It was e-filed but the “filed” one was not placed in the papers. CPLR 2001 error. But the real crux of the case was as follows:
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“Notwithstanding the foregoing, it was apparently the insurer’s objective to have a portion of the judgment in the Supreme Court declaratory judgment action fully offset the judgment obtained against it in the Civil Court action. While a court may exercise its “inherent authority to set one judgment off against another” (see Joseph Kali Corp. v A. Goldner, Inc., 49 AD3d 397, 398 ; see also Scianna v Scianna, 205 AD2d 750 ), the granting of such relief rests in the discretion of the court (see Beecher v Vogt Mfg. Co., 227 NY 468, 473 ; Kretsch v Denofrio, 137 App Div 617, 619 ). Assuming, without deciding, that the Civil Court possessed the jurisdiction to entertain such an application (cf. Stilwell v Carpenter, 62 NY 639 ), the Civil Court’s determination not to set off the judgments was not an improvident exercise of discretion.”
(Note: my template for this motion says CPLR 5020(c) – it should say 5021(a)(2))
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Legal Update (February 2026): Since this 2017 decision, CPLR provisions regarding electronic filing requirements and judgment procedures may have been amended through regulatory updates or court rule modifications. Additionally, case law regarding courts’ inherent authority to offset judgments and procedural requirements for filing partial summary judgments may have evolved. Practitioners should verify current CPLR 2001 and 5020 provisions and recent appellate decisions when handling similar offset situations.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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