Brand Med. Supply, Inc. v ELRAC, Inc., 2017 NY Slip Op 51723(U)(App. Term 2d Dept. 2017)
This all came about at the famous trial in front of Judge Levine a few years ago. Michael Kopelevich I think was the attorney for the provider. The question raised was who is Lynn Carter an MCMC stated she did not exist. This is probably not a good marketing technique for an IME vendor.
“By order entered July 20, 2012, the Civil Court granted defendant’s motion. Plaintiff subsequently moved for leave to renew its opposition to defendant’s motion, based upon a trial transcript from an unrelated case, which transcript set forth that the name that defendant’s IME scheduling letters said to contact to reschedule the IMEs, Lynn Carter, was a pseudonym—there was no such employee—and that this was a fact which, plaintiff asserted, would change the prior determination since, in the instant case, plaintiff’s assignor was also instructed to contact Lynn [*2]Carter if plaintiff’s assignor needed to reschedule the IMEs. By order entered August 14, 2014, the Civil Court denied plaintiff’s motion.”
“As noted by the Civil Court, since there was no evidence proffered that plaintiff’s assignor ever even attempted to reschedule the IMEs, plaintiff failed to demonstrate that defendant’s use of a pseudonym, the propriety of which we do not pass upon, would change the prior determination”
Why Lynn Carter? Do we have Dixie Carter , Jimmy Carter or Gary Carter fans at MCMC?
2 Responses
Appellate Term is crazy to let this go. Ethics rule clearly state that the party has to Be candid with the tribunal. Its absurd to use a fake peraon to send Letters and appellate term sImply condoning this. Total bullshit.
Lynn Carter was fraudulent. I think Gary T. may have been right for appealing for this. Similar to many of my theories on the law that go nowhere on the 15th floor, the Appellate Term did not agree with Gary T. But he tried.