Key Takeaway
Court denies forum non conveniens motion in NY no-fault case due to inadmissible hearsay evidence and procedural defects in proof presentation.
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.
RX Warehouse Pharm., Inc. v 21st Century Ins. Co., 2022 NY Slip Op 50375(U)(App. Term 2d Dept. 2022)
PA policy and NJ accident. The NJ deemer law would increase the PA medical payments coverage to New Jersey’s $15,000 PIP deemed limit. There was a recent case in NJ that backed off from a $250,000 “deemer” and limits the deemer to $15,000.
The Court poked many holes in Plaintiff’s proof presentations. The police report was not certified (probably too old) and the NF-2 was included in the Reply papers. Appellate Term properly denied the motion.
“In the case at bar, defendant relied upon a New Jersey police crash investigation report to demonstrate that the underlying accident had occurred in New Jersey and, thus, that the action should be dismissed based upon forum non conveniens. The police report, offered for the truth of the matter asserted therein, constituted inadmissible hearsay, as the report was not certified as a business record (see CPLR 4518 ; Gezelter v Pecora, 129 AD3d 1021 ; Hernandez v Tepan, 92 AD3d 721 ; Monroe v Foremost Signature Ins. Co., 66 Misc 3d 128, 2019 NY Slip Op 52042 ; Longevity Med. Supply, Inc. v 21st Century Ins. Co., 66 Misc 3d 128, 2019 NY Slip Op 52041 ). Moreover, defendant could not rely on the copy of the NF-2 no-fault application, which stated where the accident occurred, because it was first submitted in defendant’s reply papers (see GJF Constr. Corp. v Cosmopolitan Decorating Co., Inc., 35 AD3d 535 ; New Millennium Med. Imaging, P.C. v American Tr. Ins. Co., 50 Misc 3d 145, 2016 NY Slip Op 50259 ). In any event, defendant failed to submit sufficient evidence to support a dismissal based on forum non conveniens (see CPLR 327 ). The evidence showed that plaintiff is a New York corporation and that defendant has offices in New York, and defendant failed to point to any hardship for possible witnesses or any burden on the New York courts (see Kefalas v Kontogiannis, 44 AD3d 624 ). Upon the record presented, we find that the Civil Court erred in granting the branch of defendant’s motion seeking dismissal based on forum non conveniens.”
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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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