Articles Tagged: police misconduct

The Law Office of Jason Tenenbaum maintains one of the most comprehensive legal blogs focused on New York personal injury, no-fault insurance, and employment law. With over 2,353 articles published since 2008, this blog serves as a research tool for attorneys, a resource for insurance professionals, and a guide for individuals navigating the New York legal system. Every article analyzes a real court decision or legal development, citing specific holdings and identifying the practical implications for current and future cases. The firm's six attorneys bring over 112 combined years of legal experience to every matter, covering personal injury, no-fault insurance defense, employment discrimination, workers' compensation, wage and hour claims, wrongful termination, and regulatory compliance. Attorney Tenenbaum is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts and has written more than 1,000 appellate briefs during his career.

Topics regularly covered include no-fault insurance claim denials, IME and EUO scheduling and compliance, the prima facie case standard in different judicial departments, summary judgment and default judgment practice, fee schedule disputes, verification procedures under Insurance Regulation 192, the serious injury threshold under Insurance Law Section 5102(d), workplace discrimination under Executive Law Section 296, wage and hour violations, wrongful termination, and employer retaliation. The firm also covers procedural issues such as CPLR 3216 dismissals, note of issue disputes, and appellate practice standards.

For legal advice about a specific situation, contact the Law Office of Jason Tenenbaum at (516) 750-0595 for a free, confidential consultation. The firm serves clients across Long Island, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. No fee is charged unless the firm recovers compensation on your behalf.

Our Huntington Station office at 326 Walt Whitman Road, Suite C, is conveniently located to serve communities throughout Nassau County — including Hempstead, Garden City, Mineola, Great Neck, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa, and Levittown — and Suffolk County — including Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton, and Huntington. Attorney Tenenbaum regularly appears in Nassau County Supreme Court, Suffolk County Supreme Court, the New York City Civil Court, the American Arbitration Association, and the Appellate Term and Appellate Division of the Second Department.

New York's civil litigation system presents unique challenges that distinguish it from practice in other states. The state operates a multi-layered court structure where the Civil Court handles claims up to $25,000 in New York City, the District Courts serve a similar function in Nassau and Suffolk Counties on Long Island, and the Supreme Court has unlimited monetary jurisdiction statewide. Appeals from lower courts go to the Appellate Term, while Supreme Court appeals are heard by the Appellate Division. The Court of Appeals, sitting in Albany, is the state's court of last resort and decides approximately 200 cases per year on questions of law that affect every practitioner in the state.

No-fault insurance practice in New York is governed by Insurance Law Article 51 and its detailed implementing regulations at 11 NYCRR Part 65. Every motor vehicle insurer must provide Personal Injury Protection benefits covering medical expenses, lost earnings up to $2,000 per month, and other basic economic loss up to $50,000 per person. The regulatory framework imposes strict deadlines on both claimants and insurers: applicants must file within 30 days of the accident, providers must submit claims within 45 days of service, and insurers must pay or deny within 30 days of receiving complete proof of claim. Failure to comply with these deadlines can result in claim preclusion or loss of coverage defenses, as analyzed in many of the articles on this blog.

Personal injury cases in New York require plaintiffs to meet specific legal standards that vary depending on the type of case. Motor vehicle accident victims must demonstrate a "serious injury" under Insurance Law Section 5102(d) before recovering non-economic damages such as pain and suffering. The nine categories of serious injury — including fracture, permanent consequential limitation, significant limitation of use, and the 90/180-day category — each have distinct evidentiary requirements established through extensive appellate case law. Premises liability claims require proof that the property owner created the dangerous condition or had actual or constructive notice of it. Medical malpractice cases demand expert testimony establishing the applicable standard of care and a departure from that standard that was a proximate cause of the plaintiff's injuries.

Employment law in New York provides some of the broadest worker protections in the country. The New York State Human Rights Law (Executive Law Section 296) prohibits discrimination in employment based on a wide range of protected characteristics, including age, race, sex, disability, sexual orientation, gender identity, and domestic violence victim status. The New York City Human Rights Law goes even further, covering additional categories and applying a more liberal standard that focuses on whether the plaintiff was treated less well because of a protected characteristic. At the federal level, Title VII, the ADA, and the ADEA provide additional protections but require administrative exhaustion through the EEOC before a lawsuit can be filed. Wage and hour claims under the New York Labor Law cover minimum wage violations, unpaid overtime, tip theft, and misclassification of employees as independent contractors.

The Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746, serves clients throughout Long Island and the greater New York City metropolitan area. With over 24 years of litigation experience, Attorney Tenenbaum has written more than 1,000 appellate briefs and handled over 100,000 no-fault insurance matters. His published legal articles are relied upon by attorneys, judges, and insurance professionals across the state. If you need legal assistance with any of the topics discussed on this blog, call (516) 750-0595 for a free case evaluation.

Procedural Practice in New York Courts

New York civil litigation follows specific procedural rules under the Civil Practice Law and Rules (CPLR) that directly affect case outcomes. Summary judgment under CPLR 3212 requires the moving party to establish entitlement to judgment as a matter of law through admissible evidence, shifting the burden to the opposing party to raise a genuine triable issue of fact. Default judgments under CPLR 3215 require proof of proper service, factual substantiation of the claim, and proof of the amount due. Discovery under CPLR Article 31 encompasses depositions, interrogatories, document demands, physical examinations, and expert disclosure, each with specific timing and compliance requirements that vary by court and judicial assignment.

In no-fault insurance practice, the regulatory framework imposes additional deadlines beyond the CPLR. Insurers must acknowledge claims within 15 business days, request verification within the same period, and pay or deny within 30 days of receiving all requested verification. The failure to comply with these timelines can result in preclusion of most coverage defenses, effectively converting a contested claim into a payment obligation. Arbitration proceedings before the American Arbitration Association provide a more streamlined dispute resolution mechanism, with arbitrators applying the same legal standards as courts but with more flexible evidentiary rules.

The firm serves communities throughout Nassau County — including Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa, and Levittown — and Suffolk County — including Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, and East Hampton. Attorney Tenenbaum also appears regularly in all five boroughs of New York City and handles cases before the Appellate Term, Appellate Division, Second Department, and the Workers' Compensation Board. Contact the office at (516) 750-0595 for a free consultation.

Founded in 2002 by Attorney Jason Tenenbaum, the Law Office of Jason Tenenbaum, P.C. has grown into one of Long Island's most established personal injury, employment law, and insurance litigation firms. The firm's six attorneys bring over 112 combined years of legal experience to every case, handling matters ranging from automobile accident claims and workplace discrimination complaints to no-fault insurance arbitrations and workers' compensation proceedings. Attorney Tenenbaum earned his Juris Doctor from Syracuse University College of Law and is admitted to practice in six states and multiple federal courts.

The firm operates on a contingency fee basis for personal injury and employment discrimination cases, meaning clients pay no fees unless the firm recovers compensation on their behalf. With over $100 million recovered for clients, more than 1,000 appellate briefs written, and 2,353+ published legal articles analyzing New York case law, the firm provides the combination of courtroom experience, legal scholarship, and client-focused advocacy that complex cases demand. Every consultation is free, confidential, and without obligation. Call (516) 750-0595 to speak with an attorney about your case.