Key Takeaway
Personal injury attorney Jason Tenenbaum shares his insights on new Appellate Division judges, including Justice LaSalle and Justice Higgitt's promotions.
This article is part of our ongoing no-fault coverage, with 273 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 New York State court system experienced significant changes in 2021 with several judicial appointments to the Appellate Division, the state’s intermediate appellate courts that handle appeals from trial courts. These appointments are particularly important for practitioners in New York no-fault insurance law and personal injury cases, as the Appellate Division frequently reviews decisions involving insurance disputes, medical examinations, and coverage determinations.
The Appellate Division is divided into four departments, with the First Department covering Manhattan and the Bronx. When experienced trial judges are elevated to the appellate level, it can significantly impact how cases are decided and how legal precedents develop. For attorneys practicing in areas like no-fault insurance litigation, understanding the judicial landscape and the backgrounds of appellate judges helps predict how courts might approach complex legal issues.
Judicial appointments to the Appellate Division are made by the Governor from among sitting Supreme Court justices. These appointments reflect not only legal acumen but also temperament, work ethic, and judicial philosophy. When judges with extensive trial experience and demonstrated fairness are elevated, it strengthens the quality of appellate review and ensures that lower court decisions are scrutinized by justices who understand the practical realities of litigation.
The 2021 Appointments
In 2021, Governor Cuomo announced several new appointments to the Appellate Division, First Department, including the designation of Justice Dianne T. Renwick as Presiding Justice and the appointments of several associate justices. Among these appointments were Justice Hector D. LaSalle and Justice Robert R. Reed, both of whom brought significant trial court experience to the appellate bench.
Justice LaSalle, who had served on the Supreme Court in Nassau County, was later designated as Presiding Justice of the Second Department before his controversial nomination to the New York Court of Appeals. Justice Higgitt’s elevation recognized his intellectual capabilities and work ethic developed during his time as a law secretary in the Bronx before becoming a judge.
These appointments reflected a generational transition as experienced appellate justices reached mandatory retirement age, creating opportunities for newer voices while maintaining institutional knowledge and judicial excellence.
Jason Tenenbaum’s Analysis:
I was actually excited to see some of the new Judges that are headed to the Appellate Divisions. According to the Law Journal, Lasalle (new presiding judge) and Higgitt are being promoted amongst others. Higgitt is a work-horse and very smart. He was one of the smarter law secretaries in the Bronx and I was delighted to see his ascension once old age forced some of the old timers to retire. I would say the First Department will absolutely benefit from his presence. Justice LaSalle I recall as being an even handed and fair jurist, this is his becoming the PJ is a fair outcome
Legal Significance
The composition of the Appellate Division matters greatly for practitioners because these courts establish binding precedent within their departments and persuasive authority throughout New York. In areas like no-fault insurance law, where regulatory interpretation and procedural requirements frequently generate appeals, having justices who understand both the letter of the law and practical litigation realities can lead to more nuanced and workable decisions.
Justices with trial court experience bring valuable perspective to appellate review. They understand the challenges judges face in managing crowded dockets, evaluating credibility, and applying complex procedural rules in real time. This experience can translate into appellate decisions that are both legally sound and practically implementable.
The First Department in particular plays a crucial role in New York jurisprudence, handling appeals from Manhattan and the Bronx—jurisdictions with high volumes of complex commercial, insurance, and personal injury litigation. Strong appellate justices in this department help ensure consistent application of legal principles across thousands of cases annually.
Practical Implications
For attorneys practicing before the Appellate Division, First Department, understanding the backgrounds and judicial philosophies of the justices can inform appellate strategy. Justices with trial court experience may be particularly attuned to arguments about trial court discretion, evidentiary rulings, and case management decisions. Their opinions may reflect practical considerations alongside pure legal analysis.
The transition to new appellate justices also creates opportunities for fresh perspectives on recurring legal questions. While stare decisis ensures consistency, new justices sometimes identify areas where prior precedent may need reconsideration or clarification. Attorneys should monitor early decisions from newly appointed justices to understand their analytical approaches and potential areas of doctrinal evolution.
For litigants, the quality and fairness of appellate justices directly affects the likelihood of obtaining meaningful review of trial court errors. When experienced, intelligent, and hardworking justices occupy appellate seats, parties can have confidence that their appeals will receive careful consideration and principled resolution.
Key Takeaway
The elevation of experienced and capable jurists like Justice LaSalle and Justice Higgitt to the Appellate Division represents positive changes for New York’s legal system. Their backgrounds suggest they will bring both intellectual rigor and practical courtroom experience to appellate decision-making, which could benefit practitioners and litigants in complex areas like insurance law and civil litigation.
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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.
273 published articles in No-Fault
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Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system, codified in Insurance Law Article 51, requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses, lost wages (up to $2,000/month), and other basic economic loss regardless of who caused the accident, up to $50,000 per person. However, to sue for pain and suffering, you must meet the 'serious injury' threshold under Insurance Law §5102(d).
How do I fight a no-fault insurance claim denial?
When a no-fault claim is denied, you can challenge it through mandatory arbitration under the American Arbitration Association's no-fault rules, or by filing a lawsuit in court. Common defenses to denials include challenging the timeliness of the denial, the adequacy of the peer review report, or the insurer's compliance with regulatory requirements. An experienced no-fault attorney can evaluate which strategy gives you the best chance of overturning the denial.
What is the deadline to file a no-fault claim in New York?
Under 11 NYCRR §65-1.1, you must submit a no-fault application (NF-2 form) within 30 days of the accident. Medical providers must submit claims within 45 days of treatment. Missing these deadlines can result in claim denial, though there are limited exceptions for late notice if the claimant can demonstrate a reasonable justification.
What no-fault benefits am I entitled to after a car accident in New York?
Under Insurance Law §5102(b), no-fault PIP covers necessary medical expenses, 80% of lost earnings up to $2,000/month, up to $25/day for other reasonable expenses, and a $2,000 death benefit. These benefits are available regardless of fault, up to the $50,000 policy limit. Claims are paid by your own insurer — not the at-fault driver's.
Can I choose my own doctor for no-fault treatment in New York?
Yes. Under New York's no-fault regulations, you have the right to choose your own physician, chiropractor, physical therapist, or other licensed healthcare provider. The insurer cannot dictate which providers you see. However, the insurer can request an IME with their chosen doctor and may challenge the medical necessity of your treatment through peer review.
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About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
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.
If you need legal help with a no-fault matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
