According to Bronx judge Paul Victor, as summarized by Eric Turkewitz, the vagueness and litigability of key terms in the state's auto no-fault law have rendered it ineffective in reducing litigation and screening out minor or frivolous claims as intended. Disagreements and inconsistencies at the appellate level are rife, the judge says, with the result that appeals by both sides are common. Commenter Adam Gee from the Ziff Law Firm writes, "Until there are bright line rules in place where all sides, defense plaintiff and judiciary, can look at a case and easily determine whether a case meets the serious injury threshold, the courts will continue to be clogged with motion after motion."
Judge: NY auto no-fault law's a morass
Center for Legal Policy at the