Attorney Caroline K. Hock Wins Appeal in Second Department
Associate Caroline K. Hock prevailed before the Appellate Term, Second Department, affirming the trial court’s decision granting summary judgment and dismissal of the case. In the underlying action, venued in Civil Court, Kings County, plaintiff sought judgment for payment of bills related to no-fault benefits stemming from injuries sustained to plaintiff’s assignor in a motor vehicle accident. Plaintiff appealed after the trial court dismissed the case against our client, an insurance carrier. Caroline argued before the Appellate Term that the appeal was untimely as a matter of law, with a defective Notice of Appeal pursuant to CPLR 5513(a) — which mandates the timeline for appeals — and CPLR 2103(b) — which governs the service of papers by mail. The Appellate Term agreed with Caroline’s arguments and dismissed the appeal.
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