Law of the case and things wholly unrelated

Today I will start with the no-fault.

Astoria Quality Med. Supply v State Farm Mut. Auto. Ins. Co., 2011 NY Slip Op 50743(U) (App. Term, 2nd, 11th & 13th Jud. Dists. 2011).

Since defendant raised no issue in the Civil Court or on appeal with respect to plaintiff's establishment of its prima facie case, we do not pass on the propriety of the Civil Court's determination with respect thereto. With regard to defendant's contention that the Civil Court violated the law of the case doctrine, even if this contention is correct, this court is not bound by that doctrine and may consider the motion on its merits (see Meekins v Town of Riverhead, 20 AD3d 399 [2005]).

In our opinion, while defendant's proof did not establish as a matter of law that there was a lack of coverage (see Hospital for Joint Diseases v Allstate Ins. Co., 21 AD3d 348 [2005]; Vincent Med. Servs., P.C. v New York Cent. Mut. Fire Ins. Co., 21 Misc 3d 142[A], 2008 NY Slip Op 52442[U] [App Term, 2d & 11th Jud Dists 2008]), it was sufficient to raise a triable issue of fact with respect to the existence of coverage (see Hospital for Joint Diseases, 21 AD3d 348). Contrary to the finding of the Civil Court, defendant was not required to describe in detail the steps which it had taken in searching its records in order to demonstrate that there was no coverage in effect at the time of the accident (see Lenox Hill Radiology v Government Empls. Ins. Co., 28 Misc 3d 141[A], 2010 NY Slip Op 51638[U] [App Term, 1st Dept 2010]). Accordingly, the judgment is reversed, the order granting plaintiff's motion for summary judgment is vacated, and plaintiff's motion for summary judgment is denied.

JT pointed out the law of the case issue.  Compare law of the case stemming from Appellate DIvision decisions.  For those that are unawares, "The doctrine of law of the case requires a court to follow the determinations of a court of coordinate jurisdiction." Northbay Constr. Co., Inc. v Bauco Constr. Corp., 2009 NY Slip Op 05753 (App. Div., 2nd, 2009).  They key phrase here is "coordinate jurisdiction."

Moving on.

One of the best and most moving posts I've read can be found here.  It's easy to support long jail sentences for any crime, even the non-violent sort, but when you are up close with the effects, so close that you can see them in the eyes of a child, things can change. 

The Appellate Record has me rethinking fonts. I learned a little something about regards.  There are twenty novels you can read in one sitting, who knew.  I read five or six of them and they all took more than one sitting.  In anyone is interested in learing about how legal writing has changed in the past thirty years, go here.  And here is a little ditty or writer burnout.

In paper releated news, I've become a fan of the action pad, which I'm pretty sure I mentioned before. Now Levenger is offering it for its circa books.  They also have Rhoida paper too. I might just pick one up.  Which leads me to another, point, why doesn't anyone ever send me free stuff.  I love free stuff.



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