Home -> Law Blog Directory -> New York Blogs -> It's No-Fault of NY
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
New York
: It's No-Fault of NYShock the Conscience
By Damin J. Toell, Esq.
Judge Miller held (correctly, in my opinion) that there is no basis to stay enforcement of the portion of the stipulation in question. The Court cited to ABCO Refrigeration Supply Corp. v Designs by Keiser Corp., 239 A.D.2d 165 (1st Dep't, 1997) for the proposition that, there being no allegation of fraud, mistake, etc., there is no basis to vacate a stipulation that essentially calls for the defendant to pay the full amount of the Complaint.
State Farm, by Picciano & Scahill, P.C., cited to some Second Department case law for the proposition that unconscionable stipulations should not be enforced. Judge Miller found State Farm's cited case law to be distinguishable and/or sui generis. In any event, Judge Miller found that $2,578, the difference between the settled-for amount and the amount of the judgment, did not shock the Court's conscience.
Those Israel settlement stips are potentially dangerous, to be sure, but things would work a lot more smoothly on a lot of fronts if the carriers made payments quickly, anyway.
Full post as published by It's No-Fault of NY on July 24, 2007 (boomark / email).
RadioShack Electrical Switches
Recalled due to Shock Hazard
Heating System Thermostats
Recalled due to Shock Hazard

HHS Sec. to Oby/Gyn Board: Protect Conscience
Dr. Martin Luther King, Jr. and the Law of the Land
Healthcare Rights of Conscience: A Hotbed of Legislative, Executive, and Judicial Action in 2008
More on the HHS conscience rule
LEGISLATURE: Shock probation legislation won't be heard this session







