Standing (favorite statutes)
New York's RPAPL 1302-a prevents homeowners from waiving standing defenses in foreclosure cases, even if not raised initially—a game-changing protection for defendants.
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30 articles by Jason Tenenbaum, Esq.
Standing (Stacey Kapeleris)
Court ruling on standing in no-fault insurance claims, assignment of benefits, and injured person's right to retake possession of medical bills.
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EIP’s payment of assigned billings confers standing back to EIP
Court rules that assigned medical billing payments can restore standing for no-fault insurance claims when coverage is denied due to causation disputes.
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Standing
McCormack v Maloney case analyzing standing requirements in foreclosure actions, including holder status and note assignment issues in New York courts.
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Familiarity with predecessor business record practice
Court ruling demonstrates strict requirements for establishing familiarity with predecessor business records under CPLR 4518 hearsay exception in foreclosure cases.
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Why follow the law?
NY appellate court criticizes Justice Schack for ignoring precedent on standing defenses in foreclosure cases, ordering case reassignment.
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Standing not expressly pleaded
New York appellate court ruling shows defendants don't need to explicitly plead lack of standing if their answer denies plaintiff's ownership of foreclosed property.
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The securitization of debt does not divest party from having standing to prosecute action
Court rules that securitizing credit card debt doesn't eliminate the original issuer's standing to sue for unpaid balances, clarifying ownership rights in debt collection.
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Unpreserved and without merit
New York court rules on assignment of benefits standing requirements in no-fault insurance case, discussing "on file" statements and claim form requirements.
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So you sued the TPA and not the insurance carrier – now what?
Analysis of B&R Consol. v Zurich case on suing TPAs vs insurance carriers, agency relationships, and vicarious liability under NY Insurance Law § 3420(b).
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Major medical provider does not have standing to bring action against no-fault carrier
Court ruling explores complex standing issues when major medical providers attempt to pursue no-fault insurance claims through assignment of rights.
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Assignment not necessary to make a prima facie case in an assigned first-party action; Prima Facie case
Urban Radiology v GEICO: Assignment of benefits not required for prima facie case in first-party no-fault actions. Court clarifies trial vs summary judgment standards.
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The first application of the new precludable independent contractor rule
New precedent protects NYC & Long Island medical providers from post-payment independent contractor challenges in no-fault insurance cases. Call 516-750-0595.
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Assignment valid during unresolved lawsuit
Court rules that valid assignment of mortgage note after lawsuit commencement creates proper basis for plaintiff substitution and caption amendment under CPLR rules.
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The independent contractor "defense" is sufficient to non-suit a plaintiff under CPLR 3211(a)(7)
NY court rules independent contractor defense sufficient for CPLR 3211(a)(7) dismissal when claim forms identify services rendered by contractor
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Standing in a direct first party case is waivable
Court rules standing defense waivable in no-fault insurance cases when not properly raised in answer or pre-answer motion, emphasizing proper pleading procedures.
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Spell it out in the affidavit
Court ruling highlights that attorney affirmations without personal knowledge lack probative value in no-fault insurance verification disputes.
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Motion seeking leave to amend the answer to seek affirmative defense of lack of standing is proper
Learn when New York courts allow motions to amend pleadings to assert standing and capacity defenses. Expert analysis of Aurora Loan Services v Thomas case. Call (516) 750-0595.
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A claim form may not be corrected nunc pro tunc following its submission
Learn why claim forms cannot be corrected nunc pro tunc after litigation begins in New York no-fault cases. Expert legal analysis for Long Island and NYC providers.
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Proving standing without an assignment?
Learn about proving standing in New York foreclosure cases without assignment. Key legal precedents and defense strategies for Long Island homeowners.
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It is Standing Again
Analysis of standing requirements in foreclosure vs no-fault insurance cases, examining retroactive assignments and legal interest requirements under NY law.
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on file"
Learn about NY signature on file requirements for assignment of benefits forms. Expert analysis of verification procedures and no-fault insurance law.
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Assignments and business records – a deadly combination
Expert analysis of NY business records exception and assignment of benefits requirements. Learn how to avoid costly procedural pitfalls in Long Island and NYC courts.
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Why does a Malella defense surive an untimely disclaimer, while a workers compensation defense doesn't?
Understanding the inconsistent disclaimer requirements for Malella defenses versus workers compensation defenses in New York no-fault insurance cases.
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Standing – the Defense Applied Outside the No-Fault Arena
Learn how legal standing requirements differ between no-fault insurance and traditional litigation in New York. Expert analysis from experienced NYC and Long Island attorneys.
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Understanding Legal Standing in New York: A Comprehensive Guide for Long Island and NYC Residents
Learn about legal standing requirements in New York personal injury and insurance cases. Essential guide for Long Island and NYC residents on court access rights.
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Workers Compensation defense
Expert analysis of workers compensation defense issues in New York personal injury cases. Understanding no-fault insurance coordination, standing issues, and legal strategies for NYC and Long Island.
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It is a two way street
Complex analysis of insurance priority coverage rules and the two-way street principle in no-fault vs workers compensation cases, examining Westchester Medical Center decision implications.
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The Workers Comp Mess
Workers' compensation denial timing requirements and their intersection with no-fault insurance coverage following the Westchester Medical Center case analysis.
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Are all of the cards stacked in Allstate’s favor?
Understanding Allstate insurance claim denials and Box #16 independent contractor issues in NY. Expert legal guidance for Long Island practitioners. Call 516-750-0595.
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