Key Takeaway
New York courts resist e-filing despite pandemic push for modernization. Personal injury attorney critiques antiquated paper system and court inefficiencies.
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault 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.
The daily news stated something interesting yesterday and I will quote it: If you’re dealing with a no-fault insurance defense matter, an experienced attorney can help protect your rights.
“For the courts, the silver lining to the pandemic may be that it is pushing officials to update an antiquated system that still relies mainly on paper filings and in-person courthouse appearances.
“People can be set in their ways and sort of don’t like change,” said Marks. “If there’s one way to characterize the last few months, it would be change. Necessity is the mother of invention.”
I for one have been a fierce critic of the way the NY court system runs. For 17 years, what I have seen is a system that in part exists to keep people employed. I suppose everyone needs employment and if PCs, CC’s, SC’s and any other type of appearance can achieve that, then I do not want to be the one that prevents new attorneys, per diems and court staff from not earning a living. I for one would rather see the “PC” and “CC” replaced with a case management conference, followed with a conference order if a case does not have sufficient movement in 12 months after an RJI is filed. I tend to think the parties can probably chart their own course based on the premise that we have clients who want “justice”.
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Perhaps a 5 minute discovery calendar at 8:30 AM by zoom could handle most rudimentary discovery disputes? Winner uploads the order. Works well in Fla. Motions by appointment in non motion submission jurisdictions? Limit these to 15-30 minutes depending on the complexity.
But what I think is absolutely necessary before we take the re-opening experiment any further is to implement and mandate e-filing. To tell me that we are going to allow 100,000 mailed in covid-filled paper summonses with checks in a litany of actions does not work. It is dangerous and backwards. I harken to say that in the four states I pracitcer in, only NY still uses paper for filings at all. In reality, the paper system stopped working 15 years ago when e-filing debuted federally. OCA did not read the memo and perhaps our stubbornness and lack of imagination allowed this to happen
I would have hoped in the 2-3 months we have been closed, OCA would have been replacing the paper filing of the lower courts with e-filing. At the very least, I would like a press conference that says they are doing this. Lack of a message leads me to believe that that is not happening, and now we have what I fear is a complete mess. How about keep the courts closed until July, get e-filing right and we can probably have a much smoother and healthier court opening? Why rush when we cannot have in person motion conferences and jury trials?
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Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
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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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