Lenox Hill Radiology, P.C. v. Tri-State Consumer Insurance
Appellate Terms of the Supreme Court of New York
1DissentSchoenfeld, J.
I fully agree with the majority’s sentiment that it is time for a change in no-fault litigation, which has become overly protracted and wasteful. Clearly, a *16streamlined process that yields timely, substantive results to ensure reimbursement, when appropriate, is needed. In the present case, all that was required at trial was the testimony of an individual with knowledge of defendant’s standard mailing practice. As this was not done, however, I respectfully dissent and would affirm the trial judge’s finding in favor of plaintiff.
At trial, defendant did not dispute that it received plaintiffs…
2Cases cited4 opinions
- Badio v. Liberty Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Westchester Medical Center v. Countrywide InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Lehrer McGovern Bovis, Inc. v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Frame v. MaynardAppellate Division of the Supreme Court of the State of New York · 2010