Thursday, November 20, 2008

Oral Argument of East Acupuncture v. Allstate

By way of an initial email daisy chain, to Larry Rogak for his Rogak Report, as augmented by the self-proclaimed gloriously hirsute Dave Gottlieb over at No-Fault Paradise, comes this report of this morning's oral argument of the East Acupuncture, P.C. v Allstate Ins. Co. case at the Appellate Division, Second Department.

At issue, of course, is whether the tolling provision of 11 NYCRR § 65-3.9(c), which refers only to "an applicant", also applies to assignees. The Appellate Term said it did. We'll see what the Appellate Division says in a few months.

5 comments:

Hugh Fustercluck said...

Rumor has it that Rogak is actually Superman. That's how he scoops all the other reporters: he changes back into a suit after being at the scene of the story, and assumes his secret identity as a mild-mannered attorney.

This rumor is based on someone seeing Rogak in a phone booth in Supreme Court, Queens.

Roy A. Mura said...

What's a phone booth?

Hugh Fustercluck said...

For the edification of both yourself and your millions of readers, Roy, here you go: http://www.flickr.com/photos/20976676@N00/3038167599/

Roy A. Mura said...

Alas, that one, too, appears to have disappeared, Hugh --> The last phone booth in NYC.

http://royamura.googlepages.com/ThelastphoneboothinNYC.jpg

One of our older courthouses in Buffalo has phone booths just like in the NYC Public Library:

http://www.forgotten-ny.com/STREET%20SCENES/booths/phonebooth.html

BCP (before cell phones), I remember stepping out during pre-trial settlement conferences and "calling the client" in those things. The fan that came on automatically overhead made a perfect noise cloak/shield.

Hugh Fustercluck said...

Yes, I am nostaglic for the loss of those combination telephone booths/comfort stations. Now, in order to smell ammonia, I have to go to the cleaning products aisle in the supermarket.