April News 2013.pub - Rockland County Bar Association

APRIL 2013
RCBA NewsBrief
BOARD OF DIRECTORS
COMMERCIAL LITIGATION ISSUES OF INTEREST
Submitted by Paul Savad, Esq. Chair, Commercial and Corporate Law Committee;
Joseph Churgin, Esq., and Susan Cooper, Esq., of SAVAD CHURGIN, Attorneys at Law
Alan E. Goldstein
President
Lawrence Codispoti
President Elect
Alan G. Rosenblatt
Vice President
Patrick T. Burke
Treasurer
Robert D. Fenster
Secretary
discovery orders. You succeeded in vacating the dismissal, on condition that 1) you provide responses to
Sandria P. Garvin
Executive Director
time, because your client claimed that his landlord recently locked him out of his office. Your client
Directors:
Keith Cornell
Cassandra Bilotta
Larry Gantt
Robert B. Marcus
Ira S. Schoeps
Shelley A. Forde
Larry J. Schwartz
Elizabeth A. Haas
Ricki H. Berger
Hon. W. Sherwood, Ret.
James K. Riley
Martin S. Butcher
Lurlyn Winchester
INSIDE THIS ISSUE
Your client retained you after his case was dismissed for failure to comply with
the long-outstanding interrogatories and document demands by a specified date, and 2) your client and
his prior counsel pay sanctions totaling $1000. You were unable to provide the discovery responses in
obtained additional time in the eviction proceeding to retrieve his documents, but eventually discovered
that the landlord discarded his belongings. As a result, the court so-ordered a stipulation allowing you
time to move to be relieved without being sanctioned for frivolous litigation, and for the case to be
dismissed once you are relieved. Your client now begs you to continue prosecuting the case. He claims it
was not his fault that he does not have the documents, and convinces you that the case can be won at
trial. Should you continue with the case?
The answer is no.
In 150 Centerville, LLC v. Lin Associates Architects, PC, 16481/2007, NYLJ 1202588868297
(Sup. Ct. Queens Co. February 6, 2013), the plaintiff commenced an action in 2007 for damages for
architectural malpractice. Plaintiff did not provide discovery responses pursuant to orders issued in 2009
Page 1-2
Commercial Litigations
Issues of Interest
Submitted by:
Paul Savad, Esq.
Susan Cooper, Esq.
Joseph Churgin, Esq.
~
LAW DAY 2013
at a preliminary conference and a compliance conference. The case was dismissed, without opposition, at
the end of 2009.
More than one year later, in early 2011, plaintiff’s new attorney filed an order to show cause
seeking to vacate the dismissal. The case was conditionally restored, provided plaintiff’s discovery
responses were served by a specific date, and that plaintiff and its prior counsel each pay $500 in
sanctions (or that plaintiff pay $1,000), citing Garan v. Don & Walt Sutton Builders, Inc., 27 A.D.3d 521
Page 3
General Dinner Meeting
&
Swearing-In
(2d Dept. 2006). After the deadline to provide discovery responses passed, plaintiff complained for the
first time that he could not retrieve the documents, because his landlord had locked him out of his storage
space. The court allowed one more opportunity for the plaintiff to comply, and so-ordered a stipulation in
Page 4-6
FYI
October of 2011, providing for service of a judicial subpoena to the landlord for the documents, and
Page 7-8
Message from
Rockland & Orange
~
Committee Corner
~
CLE Corner
ordering responses to be served by December 2011, in default of which the complaint would be
Page 9
Classifieds
the eviction proceeding. The plaintiff’s attorney then entered into another so-ordered stipulation in
automatically dismissed with prejudice.
In response to the subpoena, the landlord reported that it had disposed of the plaintiff’s
belongings after the plaintiff failed to retrieve them, as permitted by court orders previously entered in
December of 2011, allowing him to move to be relieved without sanctions, and providing for automatic
judgment of dismissal, as provided in the October 2011 order. The court noted that sanctions against the
attorney were otherwise warranted at that juncture.
Plaintiff’s attorney did not move to be relieved. Instead, he filed a note of issue in January of 2012.
ALL ARTICLES WILL BE REVIEWED BY EXECUTIVE COMMITTEE FOR CONTENT
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CLICK THE LINK BELOW TO VISIT OUR WEBSITE
WWW.ROCKLANDBAR.ORG
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ARTICLE OF INTEREST CONTINUED………………….
The defendant protested the filing of a note of issue without discovery, and noted that the action had been automatically
dismissed pursuant to the terms of the October 2011 order. Plaintiff’s attorney was warned that further unnecessary motions
would be subject to sanctions. Nonetheless, plaintiff moved to vacate the dismissal.
The court embarked on an extensive analysis of a party’s obligation to preserve documents and other evidence, and the
consequences of loss of such evidence, whether by intentional spoliation or by negligence, citing VOOM HD Holdings LLC v.
Echo Star Satellite, 93 A.D.3d 33 (1st Dept. 2012). The court held that the plaintiff was responsible for failing to preserve the
evidence before commencing the action in 2007, long before the landlord disposed of it.
The court discussed a long line of cases, increasing in recent years, where courts have declared that they will not
countenance defiance of statutory discovery deadlines and court orders, including Kihl v. Pfeffer, 94 N.Y.2d 118 (1999); Gibbs
v. St. Barnabas Hospital, 16 N.Y.3d 74 (2010); and Arpino v. F.J.F. & Sons Elec. Co., Inc., 102 A.D.3d 201 (2d Dept. 2012), to
mention just a few.
The attorney was sanctioned for frivolous conduct, as was the plaintiff, pursuant to 22 N.Y.C.R.R. § 130-1, in the
amount of the defendant’s reasonable attorney’s fees incurred to secure discovery responses and to terminate the case. The court
noted that an attorney “owe[s], first and foremost, a duty to the Court and its orders before yielding to unreasonable client
demands.”
The lesson?
Be cautious about seeking extensions of discovery deadlines, or seeking to be relieved from discovery orders, unless
you are certain that your client has diligently preserved evidence that has not yet been produced. Otherwise, you run the risk of
being sanctioned for frivolously delaying a case to produce evidence that no longer exists, thereby violating your duty to the
court, and opening yourself to sanctions.
LAW DAY 2013
RETIREMENT CELEBRATION
HONORING
EILEEN STANFORD
THEME:
“REALIZING THE DREAM”
WEDNESDAY, MAY 1, 2013
9:30 A.M.
JURY ASSEMBLY ROOM (2ND FLOOR)
ROCKLAND COUNTY COURTHOUSE
NEW CITY, NEW YORK
ALL ARE WELCOME!
AND
HER 35 YEARS OF DEDICATED SERVICE
FRIDAY, MAY 10 @ 5:30 PM
THE FOUNTAINS
40 SANDS ROAD
MIDDLETOWN, NEW YORK
Hors Douvres/Carving Station/Cash Bar
Cost: $50 (Dinner & Gift)
Make check payable to cash and return to:
Orange County Supreme Court
Attention: Jaclyn Youngman
285 Main Street
Goshen, New York 10924
RSVP by April 25th
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PAGE
ROBERT B. MARCUS, PC
203 STRAWTOWN ROAD
NEW CITY, NEW YORK 10956
845-638-1300
FAX: 845-638-3303
EMAIL: [email protected]
3
YOU ARE CORDIALLY INVITED TO
A COCKTAIL PARTY IN RECOGNITION OF
ROCKLAND COUNTY CLERK
PAUL PIPERATO’S
Available as Trial Counsel in the New York City
Metropolitan Area And Hudson Valley Region in
The Representation of Victims of Professional and
Ordinary Negligence including Medical, Legal,
Architectural and Accounting Malpractice,
Municipal, Premises and General Liability, Labor
Law Claims and serious Motor Vehicle
RE-ELECTION CAMPAIGN KICKOFF
MONDAY, APRIL 15, 2013
JIMMY’S ON MAIN, NANUET, NY
5:30 - 7:30 PM
Make checks payable to:
“Friends of Paul Piperato”
Mail to: Friends for Paul Piperato
P.O. Box 308
Thiells, NY 10984
BACK BY POPULAR DEMAND
The Rockland Columbian Lawyers Association presents another “Italian Cooking Class” with Chef John Carolla at his
delightful Del’Arte Restaurant, 20 Mountainview Avenue, Orangeburg, NY. (www.delarterestaurant.com)
On Tuesday, May 7, 2013 Chef John will demonstrate his cooking skills for our members and guests. The demonstration will
be interactive, so you can ask questions and find out everything you always wanted to know about Italian Cuisine. The best
part is you will get to enjoy the dinner prepared by Chef John at the close of the demonstration!
The event begins at 6:30 pm. The Cost is only $55 members, $65 non-members, and includes a complete dinner w/ unlimited
wine, beer, and soda. Spouses, significant others and guest are most welcome!
Please RSVP by 5/3/13. Make check payable to Rockland Columbian Association, and mail it to:
8 Caruso Court, Thiells, NY 10984.
Although there are no CLE Credits associated with this event, the more important MSOH credits are available- the all
important make significant other happy credits.
Mangia Italiano!
SAVE THE DATE
GENERAL DINNER MEETING
&
SWEARING-IN
JUNE 27, 2013 @ 6:00 P.M.
THE PARAMOUNT
COUNTRY CLUB
60 ZUKOR ROAD
NEW CITY, NY
6:00 p.m. Cocktails (cash bar)
7:00 p.m. Dinner
$55 per person in ADVANCE ONLY
Sponsored by
Hudson Valley Bank
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WE THANK HVB FOR THEIR GENEROUS SPONSORSHIP
Need a Place to Meet in New City?
RCBA Conference Rooms available for rent.
First two hours are free for members.
Member Prices
Closings and Depositions
$60 half day/$120 full day
Non-Member Prices
$75 half day/$135 full day
We must have advance notice for closings and
depositions. A small fee will be charged for any
telephone usage, faxes and copies.
Zachary Ian
March 23, 2013
8 lbs 12 oz
Proud Parents
Shep & Jordana Weiner
Proud Grandparents
Stanley & Ellen Weiner
Raise Your Glass & Celebrate
Gerry Milani’s Retirement Roast
Thursday, May 9, 2013
5:30 - 8:30
The Clubhouse at Patriot Hills
19 Clubhouse Lane
Stony Point, NY 10980
Cocktail Party & Premium Open Bar
$65.00 Per Person
Gift Only $10.00
RSVP By April 25th
Robin DiMichele 845-483-8325 or Irene Monfredo 845-483-8314
NO PAYMENT AT THE DOOR
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PRIVATE INVESTIGATOR
MORTGAGE FORECLOSURES
NEXGEN PROTECTION SERVICES LLC
CONDOMINIUM LIEN FORECLOSURES
GENERAL INVESTIGATIONS SERVICES
PROCESS SERVICES
Residential / Commercial
BACKGROUND CHECKS
Isabel L. Becker
James (Bucky) Sterns
Attorneys at Law
STATEMENT/PHOTOGRAPH SERVICE
SKIP TRACING/INTERNET RESEARCH
CALL WITH SPECIFIC NEEDS
PH: 845-248-1191
E-MAIL:
Plaintiffs – Defendants
49 Maple Avenue
New City, NY 10956
Tel: (845) 634-3696
Fax: (845) 634-3019
E-Mail:
[email protected]
[email protected]
LICENSED BY NYS DEPARTMENT OF STATE
ETHICS/GRIEVANCE
DISCIPLINARY LAW
(914) 682-0037
RICHARD E. GRAYSON
ATTORNEY AT LAW
202 MAMARONECK AVE
THIRD FLOOR
WHITE PLAINS, NEW YORK 10601
www.richardgraysonesq.com
Michael E. Zall
Intellectual Property Law
Patents, Trademarks & Copyrights
Zall-Law.com
Two Yorkshire Drive
Suffern, NY 10901
Tel# (845) 357-6800
Fax# (845) 357-4616
Michael E. Zall
Attorney At Law
[email protected]
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VOLUME
****ATTORNEYS****
IF YOU HAVE MOVED IN THE LAST
SIX MONTHS
PLEASE UPDATE YOUR
INFORMATION IMMEDIATEDLY
TO ROCKLAND &
ORANGE REPORTING
ATTENTION: MARIAN FASS
845-634-4200
4
Hon. Alfred J. Weiner (Ret.)
Mediation/Arbitration
of
Divorce - Elder Law Estate & Commercial Disputes
&
Estate Planning/Estate Administration
Surrogate Practice
Phone # 845-639-7800
Fax # 845-639-7850
[email protected]
MEMO
TO ALL RCBA COMMITTEE CHAIRS &
VICE– CHAIRS
The Association is seeking articles from your committee for
publication in the Bar's monthly Newsletter. The
membership would greatly benefit from your input and
would appreciate it. The article does not have to be
complicated or long - a succinct piece of general interest and
importance would be best. If you are able to submit an
article for the Newsletter it should be sent via email to
[email protected] by the 15th of the month so that the
Executive Board may review it. Thank you!
BAIL BONDS
JULISSA MINAYA
BAIL AGENT
BB-1052290
18 SOUTH MAIN STREET
NEW CITY, NY 10956
P# (845) 445-6633
BOOK REVIEW
If anyone has read a book that they would
like to recommend, please write a short
review for publication in our Newsletter.
All Articles and Book Reviews will be viewed by the
Executive Committee for content.
Of Counsel
Mandel, Katz & Brosnan LLP
210 Route 303
PLEASE NOTE NEW ADDRESS FOR:
Robert L. Fellows
Steven R. Hymowitz
Joanne Redden Horowitz
Kimberly A. Sofia
of
FELLOWS HYMOWITZ, PC
254 South Main Street - Suite 500
New City, NY 10956
********
Ellen O’Hara Woods has relocated to
566 Route 303
Blauvelt, New York 10913
Tel: 846-359-4016
Fax: 845-359-0093
MAKE A MOTION FOR HELP
It’s not easy admitting there is a problem. It’s even
harder when you think no one notices. But they do.
Asking for help could be difficult. Knowing there is
help available makes it a little easier. Understanding
the unique needs of our colleagues is crucial that’s why
we’re here for you.
Contact:
LAWYERS HELPING LAWYERS
Ben Selig, Esq., (845) 942-2222
Charles G. Davis, Esq., (845) 634-6633
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FAMILY LAW COMMITTEE MEETING
MONDAY, APRIL 8, 2013
5:30 P.M.
BAR ASSOCIATION OFFICE
337 NORTH MAIN STREET-STE 1
NEW CITY, NY
**********
CRIMINAL LAW COMMITTEE MEETING
TUESDAY, APRIL 23, 2013
5:30 P.M.
BAR ASSOCIATION OFFICE
337 NORTH MAIN STREET-STE 1
NEW CITY, NY
***********
SURROGATE’S COURT COMMITTEE MEETING
TUESDAY, APRIL 30, 2013
6:00 P.M.
RESTAURANT X
117 NORTH ROUTE 303
CONGERS, NY
Committee work does require a commitment of time. Service
on a committee is a privilege not a right. Your attendance and
participation at committee meetings is expected.
LEGAL RESEARCH AND WRITING
Trial and Appellate Courts
*Cost Effective*
Motions • Memoranda • Briefs •
Oral Argument
SUSAN COOPER, ESQ.
(f/k/a Susan Corcoran)
APRIL 4, 2013
6:00 P.M.– 9:00 P.M.
ELDER LAW UPDATE
Speaker:
David M. Klein, Esq.
Charles G. Davis, Esq.
Lee A. Hoffman, Jr., Esq.
Anthony J. Enea, Esq.
Place:
Restaurant X, 117 North Route 303, Congers, NY
Cost:
$75.00 in advance; $85.00 at the door;
$95.00 Non-Members; $30.00 paralegals and students
3 CLE Credits:
2.5 Professional Practice/Skills; .5 Ethics
APRIL 22, 2013
6:00 P.M.– 9:00 P.M.
WINNING YOUR CASE BEFORE THE
TRIAL BEGINS
Speaker:
Hon. William E. Sherwood, Ret.
Robert B. Marcus, Esq.
Valerie J. Crown, Esq.
Place:
Restaurant X, 117 North Route 303, Congers, NY
Cost:
$75.00 in advance; $85.00 at the door;
$95.00 Non-Members; $30.00 paralegals and students
3 CLE Credits:
2.5 Professional Practice/Skills; .5 Ethics
845-304-2969
[email protected]
Satisfying attorneys and their
clients for over 25 years
SAVE THE DATE
CPLR UPDATE 2013
MAY 2, 2013
10:00 AM - 1:00 PM
WIN ON THE PAPERS
Former Law Review EIC and Appellate Court Clerk Available to
Draft Motions and Appeals
Ghostwrites for firms in New City, Spring Valley, Suffern, Wesley Hills and others
Argued before First, Second and Third Departments
Per Project and Per Hour rates available
Jared M. Viders, Esq.
(845) 558-8971
[email protected]
8
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OFFICE SPACE
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9
SITUATIONS WANTED
Airmont Several rooms for rent in professional office suite. Attorney
Rooms start at $500. Includes use of conference room, waiting
area, kitchenette. Utilities incl. Call 845-357-2146.
Airmont Newly modeled 2400 sqft legal office avail, 2 handicap
bathrooms, conference room, file/server room, reception area, 6
offices, 2 secretarial stations and 8 reserved parking spots. Call
845-357-2146. Subletting allowed.
Blauvelt Large windowed office, shared waiting room, utilities
included, ample parking. $395 per month. Call Kevin @
845-365-6200
Montvale One small office at $400 per month and one large
($600 per month)
office in well appointed law suite.
Conference room and reception provided. Fax, internet, and
photocopy also available. Call Lisa Chakan @ 845-356-2570 or
201-391-7000
New City Conference Room available for rent per diem for
EBT’s, Conferences, Closings. Competitive price. Handicap
Access. Beautiful office and convenient courthouse location.
On-site parking. Call Yvonne @ 845-709-6230
New City New Beautiful Modern, upscale office with hardwood
floors, large window’s which open. Includes amenities and
services. Please call 845-709-9223 for showing.
New City South Main Street, Adjacent to Courthouse, 2300 sq.
ft. Store Front or small private 2nd floor suite, ample parking,
below market, immediate occupancy. Call 845-359-3500
New City Office space available off Main St. Includes 3 offices,
access to conference space, four secretarial stations. Will lease
offices together or separately. Call 845-634-0031.
New City Main Street, 3 conference rooms, law library, p/t
receptionist, furniture available, utilities, 24 hour access, 2
kitchens, copiers, scanners. Call Lynn 639-1415
New City Nice bright office, sublet at a reasonable price. Good
parking & walking distance to all courts. Call 845-638-0660
New City 3 room suite with kitchenette and waiting area located
on New Hempstead Road across the street from the courthouse,
utilities included, off street parking, street signage. Other office
space available per diem. Call Carolyn @ 639-1836
New City Office available on South Main Street. Utilities,
conference room, walking distance to courts. Call (845) 271-8151
New City Private office in recently renovated suite in a well
maintained professional building off South Main Street, ample
parking, furniture, file cabinet, conf. room, secretarial station in
shared reception area if needed, kitchenette and conveniently
located near the courts immediate occupancy, $500 per month. Call
845-634-0031
New City Office space available on North Main Street, includes
3 offices, access to conference space, secretarial stations, ample
parking. Call Beth @ 845-267-4878. e-mail [email protected]
Orangeburg 100 Dutch Hill Road. Bright 12 x 13 furnished or
unfurnished, windowed office with nice view of modern office
building, conference room as available, secretarial space also
available, if needed, ample parking. Call John 845 359-7700
Tappan Furnished office for rent for $650 month, includes
utilities, internet, fax, shared conference room, and parking
available. Call (845) 359-4016
West Nyack 1 story office, prime location off Rte 304, Rte 59
and Exit 8 Palisades Pkwy, (former district office of Elliot Engel)
Immediate Occupancy/By Owner. Call 845-359-3500
West Nyack Impress your clients! Office and secretarial station
available in beautiful suite, shared with law firm, in one of the
nicest office buildings in Rockland. Conference room, kitchen, and
file storage included. Call Sheryl at 845-353-1818.
available for full time, part-time and/per diem position.
Experience in litigation, including matrimonial, personal injury and
commercial matters. Willing to work in other areas of law. Call Lisa Stone
@ 845-821-0506
Attorney Rockland County attorney with significant experience in real
estate, LL/T, commercial litigation and PI available for immediate work,
FT/PT or per diem. Call 845-598-5043 or [email protected].
Resume can be viewed on www.patricialfeldmanlaw.com.
Administrative Assistant experienced and reliable admin asst seeking
late afternoon or weekend work. Please call Debra @ 914-522-0552
Bookkeeper Experienced full charge bookkeeper experience in
quickbooks, time slips, word & excel. Real Estate experience.
Call 845-507-3138
Legal Assistant with over 20 years of extensive experience in
matrimonial, family, personal injury, and general practice available for
Full Time position. Legal Transcription services available in your office or
mine. Call Jennifer Delabar @ 845-354-5502 or email
[email protected]
Paralegal seeking FT employment in a law firm or courthouse.
Experience in litigation and family law. Willing to work in other areas of
law. Call Jennifer @ 845-662-3941
Paralegal/Legal Assistant Recently grad w/ 3.9 GPA in Paralegal
Studies and a BA in political science seeks entry level position or
internship. Call Kashi @ 845-304-4951 or email [email protected]
Secretary experienced and reliable secretary
employment. Call Kathy Cherveny @ 845-825-0603
seeking
FT/PT
Legal Secretary Rockland paralegal with over 24 years litigation
experience and excellent skills seeking FT permanent position. Avail for
temp work also. Specializing in personal injury, civil litigation and
matrimonial. Call Nadia @ 918-1553 or email: [email protected]
SITUATIONS AVAILABLE
Attorney: seeking part-time attorney with some commercial litigation and
transactional law experience. Call office at 845-624-0100.
Attorney New City Law Office seeking an attorney with matrimonial and
family law experience, P/T to start or F?T or flexible hours, trial experience a
plus, willing to learn bankruptcy and immigration a plus, bi-lingual a plus.
Call 845-639-4600 or fax 845-639-4610 or mail [email protected]
Attorney Prominent Rockland County law firm seeks attorneys with 2-5
years experience in Commercial Real Estate. Must have development
experience including appearance before municipal boards; purchase/sale of
commercial and residential properties from contract to closing;
representation of commercial mortgage lenders; real estate litigation
including title claims, boundary line disputes, easements and landlord/
tenant matters. Submit resume with salary requirements to P.O. Box 1070,
New City, NY 10956.
Associate: Busy Rockland County firm with emphasis in commercial law
seeks hard working associate with 2+ years of transactional experience, and
strong writing and analytical skills. NY/NJ bar and Rockland/Bergen
residents are preferred. To apply, submit resume and salary requirements to
[email protected]
Legal Secretary/Paralegal: New City Law Office specializing in
Family and Matrimonial Law. Experience required. Ft/Pt position. Fax
resume to (845) 634-2625
Legal Secretary: Active Rockland County personal injury, medical
malpractice firm seeking FT experienced legal secretary. Salary
commensurate with experience. Benefits available. Send cover letter,
resume and minimum salary requirements to [email protected]