Letters to the Editor

Few §240 Cases Address Plaintiff Intoxication

By Brian Shoot |

Harry Steinberg, in a letter responding to my column, is correct to the extent he posits that the public policy implications of the Labor Law, and the question of whether it needs to be "reformed," are matters of public interest as to which people can and will disagree. That said, by focusing on the messenger rather than the message, he fails to disprove anything I actually said.

Lot 59: A copy of the Charter of the City of New York, printed in 1735 by John Peter Zenger, the same year he was charged in a landmark free speech case. He was found not guilty when his lawyers, Andrew Hamilton and William Smith, Sr., successfully argued to a jury that truth is a defense against charges of libel.

Sale of Rare Books Is Short Sighted

By Elliott Meisel |

I was dismayed to read of the New York City Bar Association's auction of approximately 1,000 items from its rare book collection, both for the impending loss of irreplaceable artifacts of our legal history, and for their custodians' stunning indifference to their importance to a profession built on respect, if not reverence, for the past.

§240 Has Been Stretched Beyond Breaking Point

By Harry Steinberg |

I write to address Brian Shoot's construction accident litigation column, in which he once again tirelessly defends Labor Law §240(1) against any reforms. His column, written in response to another column calling for reform, amounts to little more than plaintiff's counsel and defendant's counsel yelling back and forth at each other while ignoring that there is merit to both sides of the argument.

Courts Must Strictly Apply Rent Statutes

By Menachem Kastner |

As the attorney for the tenant in 'RAM I vs. DHCR,' I wholeheartedly agree with a recent column that the effect of 'RAM I' is limited. However, with all due respect to my esteemed brethren, I disagree that the holding of 'RAM I' is "much ado about nothing."

Welcome News for Disclosure of Forensic Reports

By Jeffrey P. Wittmann |

In a welcomed bit of judicial fresh air, Nassau County Judge Jeffrey Goodstein has examined the issue of the disclosure of forensic reports and underlying data and concluded that, in essence, due process calls for nothing short of open access by attorneys and litigants.

Why UBE Needs Careful Consideration

By John Gardiner Pieper |

As countless members of the New York State Bar will attest, taking the bar exam in New York is an experience one never forgets. We take great pride in the fact that we prepared for, survived, and ultimately conquered the most comprehensive and difficult bar exam in the country.

When Pro Bono Becomes Pro-Paperwork

By Alan Morrison |

Completing each individual employer and pro bono form may impose only a modest burden on an individual supervisor, but cumulative burden will not be. Moreover, the attorney who supervised the applicant could be doing more pro bono work if there were fewer forms to complete.

Forensic Evaluators Must Articulate Bases for Opinions

By David A. Martindale |

David A. Martindale writes: Evaluators must recognize that they must be fully prepared to articulate the bases for their opinions.

U.S. Customs and Border Protection agents process unaccompanied children in Brownsville, Tx. Officials say that the impact of the situation along the border will ripple through the entire nation's Immigration Courts, including an already overburdened facility in New York.

Pro Bono Call to Action for Immigrant Youth

By Lenni B. Benson |

In the past two months, the New York Immigration Court has heard more than 1,500 initial hearings for children and mothers with small children placed into removal proceedings. Sadly, there is no right to appointed counsel (even for children) in the immigration courts.

'Mexico Leasing' Follows Precedent

By Paris Baldacci |

A recent letter stating that the Appellate Term, Second Department's decision in 'Mexico Leasing v. Jones' is inconsistent with controlling authority and, thus, contributes to a perception of uncertainty about regulation is wrong on both counts.

Falling Through Cracks: Non-Paying Parties in Arbitration

By Neil M. Eiseman |

There is a hole in our arbitral system and, without being overly dramatic, our state courts don't want to fix it. As it now stands, somebody can "game" the system simply by refusing to pay for their arbitrator.

Appellate Term's Inconsistent Rulings Cause Confusion

By Matthew Brett |

The Appellate Term, Second Department's decision on Oct. 8 in Mexico Leasing, LLC v. Jones, is a perfect example of the growing perception of uncertainty when it comes to decisions concerning rent regulation.

Three children in silhouette

New York Behind in Access to Forensic Child Custody Files

By Jeffrey P. Wittmann |

New York continues to be a national embarrassment with its frequent, illogical insistence that the best way to help insure a determination of a child's best interests is to make it hard for parents (and children, through their attorneys) to have unfettered access to the full forensic files used as a basis for the often life-changing recommendations flowing from forensic evaluators.

Blocking Access to Forensic Files Is Counterproductive

By David A. Martindale |

Endorsing a custody evaluator's opinion without having examined her file is akin to expressing confidence in the structural integrity of a building without having inspected the foundation.

stack of credit cards

Research on Alternate Forms of Bail

By Mary T. Phillips |

The New York City Criminal Justice Agency has recently released the results of a study that examined the rate of return in regard to the newest alternative form of bail to be authorized: the use of a credit card.

Manhattan Supreme Court

40 Years of Delivering Equal Justice Under the Law

By Raun Rasmussen |

When the Legal Services Corporation was created in 1974, 12 percent of Americans had yearly incomes low enough to be eligible for free legal assistance. Now, 21 percent, or 65.5 million people, are eligible, and barely one in five low-income families are able to get access to legal assistance they need.

Impact of 'Balsys' on Prosecutions Abroad

By Judith Feigin |

Lee Spielmann's article, "Denaturalization of Nazi Perpetrators: What Have We Learned?" references two U.S. Supreme Court decisions emanating from these cases. However there were in fact three and the one omitted is arguably the most far-reaching.

Rates of Return Under Alternative Bail Options

By Richard Montelione |

Although I am unaware of any research regarding the rate of return when alternate forms of bail are set by the court, it is interesting to postulate that the rate of return may be as high if not higher than cash or insurance company bond based on the success of micro-lending.

 jail cells

We Can Better Employ Bail Statute

By Joshua Norkin |

In his 2013 State of the Judiciary address, Chief Judge Jonathan Lippman called for "a top-to-bottom revamping of the rules governing bail in our state." Unfortunately, little has changed in the day-to-day functioning of arraignments in the wake of Lippman's call to action.

LeGaL Weighs In on Court of Appeals Appointments

By Janice B. Grubin and Meredith R. Miller |

While the LGBT community's historic exclusion and current underrepresentation in the state judiciary generally remains a concern, it is particularly problematic at the Court of Appeals. Our absence there, unfortunately, has been keenly reflected by precedential decisions over the years that relied upon discredited stereotypes and painful misunderstandings to reach legal conclusions very much adverse to our community members and their families.

Burden of Proof in Parking Violation Cases

By Glen Bolofsky |

Dangers of Coaching Parents in Custody Evaluations

By Paulette M. Selmi |

Small Claim Success Story

Videotaping's Effect On Clients

By Madeline Lee Bryer |

Rikers Bill Would Improve Criminal Justice System

By Joseph R. Lentol |

Comment Disparaged Matrimonial Bar

By Steven A. Leshnower |

Rent Overcharge Limitations Period Remains Untouched

By Darryl M. Vernon |

Given a Second Chance After Prostate Cancer

By Jeffrey Lebowitz |

Jeffrey Lebowitz writes about embarking on his long-delayed post judicial career.

Reichbach Would Find No Comfort Under Marijuana Law

By Emily Jane Goodman |

What Employers Should Know About Ramadan

By Atif Rehman |

Admissibility of Out Of State Affidavits

By Stephen Shapiro |

There Is No Battle Over Surreptitious Taping of IMEs

By Timothy R. Capowski and Tiffany A. Miao |

Service of Process to Virtual Office

By Nicole Hyland |

How Will 'Pro Bono' Be Defined?

By Kenneth H. Ryesky |