City of New York failed to Affirmatively Plead "Improper Party"; Accordingly their Motion for Summary Judgment Denied.

Interesting decision from Justice Tapia of Supreme Court, Bronx County in Salinas v. City of New York index # 14740/2005. The case involved a middle school student who was hurt when he tripped, fell and struck a broken locker. Plaintiffs sued the City of New York and The Department of Education. Defendant ,City served an answer and subsequently served an amended answer. Five and a half years after the fall, defendant ,City of New York moved for summary judgment. Justice Tapia denied the motion and the Court noted in it's decision that The City of New York failed to affirmatively plead "improper party " in the answer or in the amended answer. In this case , the decision is of " little consequence " since The Dep't of Education is the target defendant. But it will something to watch if the City takes this issue up on appeal. Your thoughts?

Wrongful Imprisionment cases; City of New York is Paying some serious money($) to settle.

Not too long ago before individuals were being cleared through DNA testing(The Innocence Project etc.,) false imprisonment /malicious prosecution cases against The City of New York or The State of New York were looked at as more of "long-shots", rather than legally recognized causes of action. I prosecuted several myself; and without "eveidence of blatant police misconduct"(like the old 3oth precict cases) they were "uphill battles".
Now with firms like Neufeld,Scheck and Brustin and Beldock, Levine and Hoffman these cases are getting the attention of defendants and the "Bench", that they warrant and deserve.
How would you like to "wrongly " spend fifteen years in prision in the prime of your life?Just this past week, the City of New York agreed to settle the case of Jose Garcia (who wrongly spent 15 years in prision ) for $7.5 million . The money will not get him those years back; but justice was served. He probably did better by settling the case rather than trying his case. HIS ATTORNEYS? Neufeld, Scheck and Brustin. Congratulations to you , Mr. Garcia and your fine attorneys!

In New York, at the end of the day how many carrier's actually make payment in 21 days pursuant to CPLR Section 5003(a)?

When CPLR Section 5003(a) was enacted I know I got really excited...I presume other members of the plaintiff's bar were pleased as well. The section provided that for non-municipal defendants, the settlement check would have to be sent within 21 days of receipt of the release and settlement documents from plaintiff's counsel. It even provided for a mechanism to enter judgment ex-parte if the payments weren't made in timely compliance with the statute.
So has the statute worked? My honest opinion, no! Let's look at the different scenarios that plaintiff's have had to navigate around to get their settlement monies.
1The statute allows municipal defendants[like the City of New York ] 90 days to pay. As usual, they pay when they want to;
2. NYCTA- never pays on time. Whether it's "we lost your papers", "problems with the affidavit of no liens" or some other reason, they are not the world's fastest payers;
3. FOJP-on malpractice cases they always negotiate a "waiver of 5003(a) at the time of settlement[usually 45 of 90 days];
4. American Transit-habitually tardy.
5Countrywide-don't even go there.
And let's not forget on infant's settlements, wrongful deaths, New York State Liquidation Bureau settlements and now Medicare,.....it can take a year and a day to get your money.Of course a structured settlement always causes delays.
So what defendants[carriers] actually pay your settlement within 21 days? Allstate, State Farm, Geico, Progressive and Met. Life; The same carriers who have always paid on time.
So is the statute useful? You be the judge.

Attention Attorneys; If you need $ for payroll Friday, Contact Me On Tuesday or Wednesday, Please Not Friday Afternoon at 3.

Let's face it , some times the well runs dry, and the check you were expecting from the City of New York for payroll just didn't come in on time. Well , I can provide you with attorney funding on a settled case in an expedited fashion, at very reasonable rates. All that is needed is a quickie application, release(or some evidence of a confirmed settlement) together with a copy of your retainer agreement. If you have no lurking IRS or a judgment /lien situation it can be done quickly.
Of course, "quickly" is a relative term. If everything is in order funding can be done the same day. If any issues come to the surface , usually a little bit longer.
So the moral of the story is, if you see the need to get attorney funding for payroll, rent, payroll taxes or whatever, submit your funding application a few days in advance....(you can always cancel)..not at 3 p.m on a Friday in mid August.