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Judge Markey

UNIVERSAL ACUPUNCTURE PAIN SERVICES, P.C. v. LUMBERMENS MUTUAL CASUALTY CO. — In a recent article, two practitioner-commentators opined: “In an attempt to reduce the strain on the court system, No-Fault has actually increased it” (Michael D. Jaffe & Joseph Chiu, Esqs., “Using Independent Medical Examiners in No- Fault,” N.Y.L.J., May 10, 2001, at 1, col. 1). The lower courts of New York are now teeming with cases of first impression destined to burgeon the dockets of appellate courts trying to fill in gaps in the law not covered by either the Legislature or State of New York Insurance Department regulations. Rather than create an exclusive, special arbitration forum in which such complex, particularized issues and claims can be heard, the Legislature’s current No Fault system threatens to engulf the state judiciary into a swamp of unresolved and tangled questions.

 
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