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									                              Volume 1
                                         RCBA NewsBrief                                              January 2009

                                         COMMERCIAL LITIGATION ISSUES OF INTEREST
     BOARD OF                        Submitted by Paul Savad, Esq., Chair, Commercial and Corporate Law Committee;
     DIRECTORS                          Susan Cooper, Esq., and Joseph Churgin, Esq., of Paul Savad & Associates
      Stephen B. Lowe                    Your client signed a contract to purchase a home. The contract, which is a standard
    Glenn W. Kelleher
       President Elect
                                form approved by the Bar Association and used by upstate brokers for residential home sales, is
     Lynne S. Hilowitz
       Vice President           contingent on the approval of the parties’ attorneys. The contract provides that disapproval by
      Keith J. Cornell
         Treasurer              either attorney within three days of signing voids the contract. A day after signing, your client
    Lawrence Codispoti
          Secretary             changes his mind and decides not to purchase the home. Although you have no reason to
     Sandria P. Garvin
     Executive Director         disapprove the contract, you disapprove the contract at your client’s direction.
         Directors:                      Will you defeat a claim for damages for breach of contract?
     Marilyn P. Davis
    Andrew DePodwin                      The answer is yes.
     Alan E. Goldstein
    Alan G. Rosenblatt
     Patrick T. Burke
                                         In Moran v. Erk, N.Y.L.J. (11/ 26/08, p.26), the Erks contracted to purchase the Morans’
     Robert D. Fenster
     Cassandra Bilotta          home in Erie County. The contract included the following provision:
       Larry Gantt
     Robert B. Marcus                    “This contract is contingent upon approval by attorneys for seller and
      Ira S. Schoeps                     purchaser by the third business day following each party’s attorneys’
    Catherine Miklitsch
       Shelley Forde                     receipt of a copy of the fully executed contract (“the Approval Period”)…
     Michelle Tierney                    if either party’s attorney disapproves this contract before the end of the
                                         Approval Period, it is void and the entire deposit shall be returned.”
                                         The contract is a form approved by both the local Board of Realtors and the Erie County
  Inside This Issue
                                Bar Association. These form contracts are routinely used in upstate New York, where brokers
        Page 1-2
  Commercial Litigation         obtain the parties’ signatures, subject to attorney approval. This ensures that real estate brokers
    Issues of Interest
   by Paul Savad, Esq.          avoid the unauthorized practice of law.
       Page 3                            Within three days of signing the contract, the Erks decided not to purchase the home
    Memorial Service
          &                     and instructed their attorney to disapprove the contract.            Although the attorney had no
                                objections to the contract, he disapproved it, at this clients’ direction.
          Page 4-5
    Top 10 Commercial                    Meanwhile, the Morans moved and their home stayed on the market for three more
Litigation Cases decided by
 NYS Court of Appeals in        years, eventually selling for $165,000 less than the Erk contract price. Five years after the
by: Judah S. Shapiro, Esq.      contract with the Erks was signed and cancelled, the Morans sued the Erks for breach of

        Page 6
                                contract, demanding the difference in price and the costs of marketing the property for three
   Mock Trial Report            years.
  Holiday Party Update                   The trial court ruled in favor of the Morans, holding that the contract was cancelled in
       Page 7-12                bad faith, relying on McKenna v. Case, 123 A.D.2d 517 (4th Dept. 1986), which held that attorney
 Bankruptcy Law Update
      Classifieds               disapproval would terminate rights under the contract, unless the disapproval “is occasioned by
     CLE Calendar               bad faith”. The Appellate Division affirmed the Morans’ judgment, and the Erks appealed.
         Page 13                         The Court of Appeals reversed, ruling that an attorney may utilize an approval
                                provision to void a purchase contract for any reason whatsoever.             The reason will not be
       Page 14
    CLE Registration            scrutinized. There are no limitations on the attorneys’ disapproval.
                                                                                                        Continued on Page 2…..
     PAGE    2                                                                           VOLUME        1

                                COMMERCIAL LITIGATION ISSUES OF INTEREST

        The court rejected the Morans’ argument that the implied covenant of good faith and fair dealing required the
attorney to act in good faith. The court reasoned that the clear language of the contract made it contingent on attorney
approval. Without that approval, no implied contract right of good faith and fair dealing arose.
        The court noted that any inquiry into an attorney’s bad faith would subject the attorney to testifying about
confidential client communications, which would have a chilling effect on attorneys’ discussions with their clients.
        The court specifically limited its holding to attorney approval contingencies with no explicit limitations, as in this

        Editor’s comment: It would appear that this rule would apply to real estate brokers’ binders that are subject to
contract and attorney’s approval.
        The lesson?
        If you want to limit an attorney’s right to disapprove a contract which is to be contingent upon an attorney’s
approval, you must include limits for disapproval.

                                    12 tips from Lawyer Assistance Program

These tips are offered to aid in one’s personal life.            The following are the 12 suggested steps of Alcohol
Anonymous, a proven self-help organization.
1.  Recognize I have a problem. Denial is a barrier to moving on.
2.  Accept that another party can assist with the situation. Discuss the situation with a trusted friend. Seek counseling.
3.  Trust that another party can handle the responsibility. Let go of ownership of the problem and assign the mechanics to a
4. Examine my self. What are my strengths? What are my weaknesses? What do I wish to keep? What do I wish to
5. Recognize my weaknesses by revealing them to a trusted party; communicate my willingness to change.
6. Prepare to make the change. Resolve I will be a different person, for the better.
7. Take the action to change. Move from resolution to doing.
8. List persons to strengthen our relationship. Improve communication with people in our lives.
9. Actually talk, see, and be with people that are in your life. Be active; be personable.
10. Do a regular inventory of myself. Periodically take stock of where I’m at, where I’ve been and where I’m going. List my
    plusses and minuses. Recognize where I need to improve.
11. Use mediation. Practice speaking my wishes. Learn to listen to the whispering of serendipity; to hear things I missed in
    the past.
12. Help others. Be active in community. Offer to do things that contribute to the larger world.
It’s not easy to admit 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 us:
                                              LAWYERS HELPING LAWYERS
                              Ben Selig, Esq., (845) 942-2222; Barry Sturtz, Esq., (845) 369-3000
                      Paul Goldhamer, Esq., (845) 356-2570; Lynn Brustein-Kampel, Esq., (845) 634-4700
VOLUME   1                                                           PAGE   3

                                          Catherine Miklitsch
                                          On the passing of her
                                            Ray O’Connell

         There will be a Memorial Service for our friend and colleague,

                              Hon. Joel Flick
                         Who died in August, 2008
    The service will be at 9:30 a.m. on Thursday, January 8, 2009
                                    In the
                Courtroom of the Hon. Margaret Garvey,
                         Supreme Court, New City
VOLUME        1                                                                                                            PAGE       4

                                   THE NY COURT OF APPEALS IN 2008
            Submitted by Judah S. Shapiro-Member of the Commercial and Corporate Law Committee

 The Court of Appeals decided a number of interesting and important commercial cases in 2008. This article summarizes a broad
 range of topics which should be of interest to Rockland attorneys with practice areas in contracts, real estate, corporations, as well as
 personal injury attorneys dealing with insurance companies.

 1.   In a commercial case that impacts real estate, contract, labor and tort law the Court in Santass v. Consolidated Investment Co.
      Inc., 10 N.Y.3d 333, 858 N.Y.S.2d 67, in a 5-2 decision overturned the Appellate Division and held that a commercial landlord
      could be held liable for an injury to a worker even though the tenant contracted for the work without the landlord’s knowledge.
      Indeed, the Court, over the dissents of Judges Smith and Read, held that the landlord could be held liable under Labor Law §240
      (1) to plaintiff, (an air conditioner installer hired by a commercial tenant) despite tenant’s violation of a specific lease provision
      requiring tenant to obtain prior written consent to any alteration to the building. The majority opinion stresses that even under
      these circumstances, where there is a clear breach of reasonable contract provision, New York’s Labor Law statute placed strict
      liability for worker injuries upon the landlord.

 2.   Similarly, commercial landlords came up short in P.A. Building. Co. v. City of New York, 10 N.Y.3d 430, 860 N.Y.S.2d 1, when
      the Court in a 5-2 decision reversed the Appellate Division and held that asbestos abatement costs incurred by the landlord were
      not “operating expenses” under the lease terms and thus could not be passed on to the commercial tenant as additional rent.
      What makes this case of particular interest, read with a litigator’s view, is that the majority seems to reject the dissent’s view that
      the very essence of escalation clauses is to “protect against unforeseen developments that make running a building more
      expensive including “regulation changes.” Id 443 (emphasis added) and instead held that chargeable operating expenses are only
      those which would have been anticipated at the lease’s inception. Given the tendency to construe terms or lack of terms against a
      landlord (albeit much less so in commercial leases) practitoners representing property owners should be mindful of detailing
      operation costs and escalation clauses.

 3.   Insurance contracts were also subject to scrutiny by the Court of Appeals in 2008 and practitioners should be on notice, of the
      importance of notice provisions in insurance contracts. While as a general rule ambiguous terms of an insurance contract are
      construed in favor of the insured, clear an unambiguous terms will be enforced. This seems to apply particularly with respect to
      strict notice provisions. In Sorbara Construction Corp. v. AIU Insurance. Co., the insurer was sued to defend or indemnify. The
      Court affirmed judgment for the defendant-insurer where the policy of liability insurance required that notice of an occurrence
      be given “ as soon as practicable,”. The Court held that such notice must be provided within a reasonable period of time and
      failure to give such notice relieves the insurer of its obligations under the contract, regardless of whether the insurer was
      prejudiced by the delay. Moreover, notice provided under the worker’s compensation policy at the time of the incident did not
      constitute notice under the liability policy even though both policies were written by the same insurance carrier.

 4.   Insurance carriers did not far as well in a pair of cases which seem to expand potential insurer liability for breach of an insurance
      contract to include consequential damages. In Bi-Economy Market, Inc. v. Harleysville Insurance Company of New York, 10
      N.Y.3d 187, 856 N.Y.S.2d 505, the insured, a family owned meat business, sought consequential damages from insurer’s bad faith
      breach of contract. The Court held that the collapse of the insured’s business was a foreseeable result from the breach of contract,
      and therefore summary judgment order dismissing the breach claim was in error. Similarly, in Panasia Estates, Inc. v. Hudson,
      10 N.Y.3d 200, 856 N.Y.S.2d 514, the Court recognized tort causes of action for a insurer’s alleged failure to perform its
      contractual obligation under an insurance contract, which is apparently something the Court of Appeals did not do until this
      year. Thus, consequential damages can be recovered from a breach of an insurance contract, as long as the damages were
      contemplated and foreseeable.

 5.   Interestingly, in Rivkin v. Century 21 Teran Realty LLC, 10 N.Y.3d 344, the Court held that a real estate brokerage firm was not
      barred from representing multiple bidders for the same property without disclosure to and consent of the principals. The
      brokerage firm through two different agents represented two different principals interested in purchasing the same property.
      When the unsuccessful bidder found out that his agent did not inform him that the other principal, using the same firm but a
      different agent had submitted a higher bid, he brought an action against the brokerage firm for breach of fiduciary duty. The
      Court unanimously held that while an individual buyer’s agent “acting on behalf of multiple clients bidding on the same property
      cannot negotiate an optimal purchase price for all of them” two separate agents affiliated with the same firm do not present
      comparable risks. Id. at 356. The opinion noted that “[t]here is no incentive for these agents to represent their clients less than
      zealously.” Hmmm… query whether the result would be different if one or both of the agents were attorneys.

 6.   Also of interest to real estate attorneys, the Court reversed the Appellate Division and recently held in Moran v. Erk, 2008 N.Y.
      Slip Op. 9255, that where a real estate contract containing an attorney approval contingency providing that the contract is
      “subject” or “contingent upon” attorney approval within a specified time period and no further limitations on approval appear in
      the contract’s language, an attorney for either party may timely disapprove the contract for any or no stated reason. Though such
      contingency provisions seem absurd and promote bad unpredictable policy, they seem to be appearing more frequently, especially
      in Contracts of Sale used Upstate.
                                                                                       Continued on Page 5…………...
     PAGE      5                                                                                 VOLUME          1
7.   A significant trust and estate litigation case was also decided by the Court in American Committee of Weizman v. Dunn, 10 N.Y.3d 82,
     854 N.Y.S.2d 89 (N.Y. 2008). The Court imposed a high standard for parties seeking to a vacate probate decree based on alleged
     exercise if undue influence. Despite some evidence of undue influence upon the deceased, who changed her will five days before her
     death, the Court held that a party seeking to vacate a probated decree, upon alleged undue influence grounds, must establish a
     substantial basis for its challenge to the probate will and show a reasonable probability of success on the merits of its claim.

8.   The Court decided several case which may impact personal liability for principals and officers in corporations and limited
     partnerships for breach of contract and fraud. The Court applied concepts of corporate law to a pair of cases affecting LLC’s and
     limited partnerships. In Tzolis v. Wolff, 10 N.Y.3d 100, 885 N.Y.S. 2d 6 the Court held that members of limited liability companies,
     like limited partners or public shareholders, have the right to bring a derivative action on behalf of the LLC. The Court noted the
     importance of derivative suits in corporate law and the Legislature’s silence on derivative suits in the Limited Liability Company Law.
     The Court interpreted this silence as allowing the judiciary to create this right. From a litigation standpoint, the right to bring a
     derivative action can substantially help a plaintiff effectuate certain relief, notably payment of attorneys’ fees.

9. The Court was not as generous in inferring judicial remedies for limited partners in the case of Appelton Acquisition LLC v. The
   National Housing Partnership, 10 N.Y.3d 250, 856 N.Y.S.2d 522, where limited partners sought rescission of a merger and relief for
   breach of fiduciary duty as well as fraud. Here, the Court strictly interpreted the Partnership Law to hold that appraisal is the
   exclusive remedy for limited partners seeking to challenge a merger. The Court held that the Partnership Law was clear that, in the
   event the partnership merges with another entity, the limited partner can only expect to receive the fair value of his partnership
   interest as determined in a judicial appraisal proceeding and cannot bring an action for rescission or damages. The Court cited Tzolis,
   contrasting legislative silence in that case and the specific sections of the Partnership Law. The Court held however that the limited
   partnerships could and should have requested an appraisal proceeding and asserted any allegations of fraud there.

10. In Pludeman v. Northern Leasing Systems, 10 N.Y.3d 486, 860 N.Y.S.2d 422, the Court held in a 5-2 decision, that for purposes of
    pleading fraud claims with particularity, in certain cases, less than plainly observable facts may be supplemented by the circumstances
    surrounding the alleged fraud, thus satisfying the stricter pleading requirements of CPLR 3016(b). The circumstances of a certain
    leasing scheme were enough to support an inference of fraud under CPLR 3016(b) where facts regarding the fraud were within the
    peculiar knowledge of the individual defendants and where it was not unequivocal, as a matter of law that a finder of fact could not
    reasonably infer the requisite knowledge or participation by the individual defendants in an act of fraud. This case provides attorneys
    with a good review of the standards for individual officer liability as well as standards of pleading fraud generally. It also appears to
    provide future litigants with a good citation for looser standards in pleading fraud in particularity and may significantly impact the
    early stage of corporate-commercial litigations by increasing the likelihood of individual corporate officer liability, and thus

                                               CALL JUDAH S. SHAPIRO, ESQ.

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VOLUME      1                                                                                                     PAGE    6

                   It is that time again: Mock Trial Season
         I am proud to announce that we are once again administering the New York State Annual Mock Trial
 Competitions which is now in it’s 27th year. This competition affords high school students throughout our County, the
 opportunity to participate in an intense mock trial competition, presided over by our judges. Under the direction of
 our RCBA Mock Trial Coordinator, Sandria Garvin, our Association has once again successfully coordinated the
 efforts of 6 high schools, five members of the bar and 1 volunteer will be attorney advisors.
         In promoting this competition, two goals are emphasized: to teach students basic trial practices and to provide
 students with a sense of professionalism. However, my personal experience as a liaison for over the past 7 years has
 made me realize that this competition serves a much greater purpose. At the outset of every tournament, students take
 on this responsibility believing that they have certain limitations, and unaware of their actual capabilities. It is
 through the intensive training sessions and competitive rounds that these students make miraculous and noticeable
 transformation. These young aspiring “attorneys” do not just learn personal trial skills, but more important, they
 learn to overcome their fear of public speaking, to eloquently craft an argument, the importance of body language, and
 how to successfully work in a group setting. These lessons prove invaluable to these students who are nearing their
 entrance into the “real world”. Therefore, although it is true that this Competition is a wonderful means by which the
 Bar Association can provide volunteer services to our community, it is also a perfect opportunity for the participating
 students to hone their social skills as they become young adults.
         On behalf of the Rockland County Bar Association we would like to extend our sincere gratitude to all those
 volunteers, the Judges, the attorney advisors and the liaisons who dedicate their personal time to these students. In
 addition, we wish each and every school the best of luck.
         If you would like further information regarding Mock Trials contact Leslie at 845-634-2149. It would be a
 pleasure to see our members at the Mock Trials, it will be a pleasurable afternoon for all.

                  HOLIDAY PARTY 2008

       On December 3rd we held our Annual Holiday Party, attended by over 100 of our dearest friends and colleagues and
        hosted by the New Lawyers committee. The party was held at the Clubhouse in New City - the food was marvelous,
        the DJ lively and the company superb. Our thanks to Michelle Tierney, Martin Butcher and Ira Schoeps, together
        with all the members of the New Lawyers Committee who helped make this evening a success. We had tremendous
                    support from Rockland County vendors and our own membership in supplying raffle prizes.

                  We’d like to thank those members and businesses that contributed to the prizes, they are:
                  Brian Berkowitz...Braunfotel & Frendel.. Lawrence Codispoti….David ’s Bagels ...Duncan Donuts
                Patricia Finn...Yvonne Garbett….Jade Abstract...LaTerrazza...Barbara Leifer-Woods…. Gerald Miles
                                              Richard Neimark…Roccos...Ira Schoeps
PAGE   7                                                                   VOLUME          1

                                                         THE ROCKLAND COUNTY WOMEN’S
                                                                BAR ASSOCIATION
                                                               A chapter of WBASNY
                                                    Cordially invites you to the Judicial Reception,
                                                          Third Annual Judicial Reception,
                                                   Honoring our newly re-elected Rockland County
       FRANK LAPERCH, ESQ.                              Family and Surrogate Court Judges
       IS PLEASED TO ANNOUNCE                                 Honorable William P. Warren
    THE RELOCATION OF HIS OFFICES                                        and
                   TO                                          Honorable Thomas Walsh
          148 SOUTH ROUTE 9W
     STONY POINT, NEW YORK 10980                                Tuesday, January 13, 2009
            TEL# (845) 942-5500                                      6:00 - 8:00 p.m.
            FAX# (845) 942-4476                                       Pasta Cucina
                                                                253 South Little Tor Road
                                                                      New City, NY
                                                                Open bar & hors d’oeuvres
                                                                     Judges: gratis
                                                                  RCWBA members: $25
       BRIAN K. CONDON, ESQ.                                       Non-Members: :$40
              Formerly of Condon & Resnick
         IS PLEASED TO ANNOUNCE                                     Kathleen Goodfellow
THE ESTABLISHMENT OF HIS PRIVATE PRACTICE                             (973) 820-2144
   CONDON & ASSOCIATES, PLLC                              
                   Located at                               
       55 Old Turnpike Road, Suite 502
               Nanuet, NY 10954
              TEL# (845) 627-8500                   Notice to all members who practice in the
              FAX# (845) 627-8507                 Bankruptcy Courts in the Southern District of
             Laura M. Catina, Esq.,
                                                                    New York
         (formerly Laura M. Kraemer)
                                                           General Order M-362 adopts a Model chapter 13 Plan
    has been hired as an associate of the firm   and Model chapter 13 Confirmation Order for all cases filed
                                                 under Chapter 13 of the Bankruptcy Code. The Model Plan
                                                 and Confirmation order must be used for all Chapter 13 plans
                                                 filed and Orders of Confirmation signed after January 5, 2009.

                                                          The General Order also directs the Standing Chapter
                                                 13 trustee to prepare and file a statement detailing whether the
                                                 Debtor’s proposed plan meets the Best Interest of Creditors
                                                 Test and a Plan Analysis Statement.

                                                          In addition, General Order M-364 adopts Loss
                                                 Mitigation Program Procedures and forms for regulating loss
                                                 mitigation effective as of January 5, 2009.

                                                           Copies of these General Orders and the Model Plan
                                                 and Confirmation Order, as well as the Loss Mitigation
                                                 Procedures and forms are available on the Bankruptcy Court
                                                 web site,, from the clerk of the court, or
                                                 from Elizabeth Haas, Esq., 254 South Main Street, New City,
                                                 New York 10956 telephone 845-708-0340.
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   PAGE         9                                                                                              VOLUME            1

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    PAGE        10                                                                                        VOLUME         1

                      Office Space                                                            SITUATIONS WANTED
Chestnut Ridge                                                           Attorney
First class office space with/without services or furniture. Overflow Recently admitted Rockland attorney seeking per diem or full time
possible. Call (845)598-0598                                          employment in Rockland County law office. Strong writing, research,
                                                                      and communication skills. Resume upon request. Call Jason (914) 413-
Nanuet                                                                7075 or
Condominium law office suite. Centrally located, adjacent to GSP, Attorney
NYS Thruway and Rte 59. 2 offices, large conference room, Recently admitted Rockland attorney seeking per diem or full time
secretarial/reception area, private bathroom and kitchenette. Central employment doing research/document preparation from home office.
air, alarm, wall-to-wall carpeting. $195,000. Please call Meryl Strong writing and communication skills. Resume and writing samples
Troodler @ (845) 624-0300                                             upon request. Call John @ (845) 709-0043
Nanuet                                                                   Attorney
Office for rent, furnished, with phone system and services. Call: Paul Rockland attorney seeking per diem or full time employment. Strong
Savad, Esq. at (845) 624-3820 ext 1. (E-mail – background in Criminal and Civil Law. Resume upon request. Call Ellen
New City                                                               O’Hara Woods @ (845) 398-1554
Offices available on 151 South Main Street. Semi furnished, utilities Administrative Assistant
included. Shared secretarial space, reception room, conference room Available for evening work: typing, phones, WordPerfect, Word,
and copier, Call (845) 638-3902/639-3470                              Dictation. E-mail for resume. Call (845) 634-2149
New City
                                                                         Experienced full charge bookkeeper seeking part time employment in
Spacious Office for rent located at 14 South Main Street, newly
                                                                         Rockland. All phases of bookkeeping including general ledger,
renovated, beautifully decorated, steps from the courthouse,             quickbooks, payroll, multiple bank accounts, timeslips, word, excel and
conference room/reception area, Paralegal & Secretarial services         real estate closing statements. Cell# (845) 507-3138 or (845) 354-8666
offered. Call Cassandra Bilotta @ (845) 639-3445                         Legal Secretary
New City                                                                 Experienced and efficient, 10+ years of experience. Seeking full time
1st Floor of office bldg on Maple Avenue avail for lease. Approx         employment with Rockland County firm. Knowledge of Microsoft
1100 sq ft, parking, basement and storage. Works well for 1-2 lawyer     Word, WordPerfect & Windows. Call Leslie @ (845) 634-2149
                                                                         Legal Secretary/Office Manager
firm. Possible use of phone system and copier. Includes reception
area, mail room, 2 offices, conference room, kitchenette, bathroom.
                                                                         Professional seeking employment as legal secretary/office
                                                                         manager, heavy phone contact w/ attorneys, clients and title
$3000 including heat and electricity. Contact kcornell@cornell-
                                                                         companies, document prep and extensive Estate matters. Call
                                                                         Barbara @ (845) 356-1597
New City                                                                 Litigation Legal Assistant (NY & NJ)
One professional, fully furnished, office available in law suite at 10   Highly proficient and experienced. Seeking full time employment with
Esquire Road, New City. Use of conference room, waiting area,            Rockland County firm. Please contact Sandy @ 845-634-2149 for
restroom and ample free parking included. Please call Dave @ (845)       resume.
300-2889                                                      Family Law & Litigation Paralegal
New City                                                      Professional seeking full time employment. Call Leslie @ (845)
Great Office Space Available: 180 sq. ft., Amenities include: 634-2149
Conference Room, Waiting Room, Internet Access, Copier & Fax. Paralegal
                                                              Paralegal seeking position w/ Rockland County Law Firm. Call Kevin C.
Located next to Palisades Pkwy. $750 per month. Call Darren @
                                                              Hall @ (845) 353-4377 for resume.
(914) 588-5926                                                                     SITUATIONS AVAILABLE
New City                                                                 Litigation Paralegal
Office space available- Main Street. Great building, friendly people, 3 New City Law Office seeks experienced litigation paralegal. Must be
conference rooms, law library, p/t receptionist, furniture available,   able to work independently, good legal research skills, phone manner and
copiers, scanners. Call Lynn 639-1415                                   strong organizational and grammatical skills and proficient in Word
Stony Point                                                             Perfect. Send resume to or fax (845) 638-4767
Office space available. Shared secretarial space, conference
room and copier. Please call (845) 942-2222.

                 ADVERTISE YOUR SPACE
                                                                           IF YOU HAVE FILLED YOUR POSITION, GOT
                            OR                                               A JOB OFFER OR RENTED YOUR SPACE
                  CLASSIFIED ADS HERE.                                         PLEASE LET US KNOW AS SOON AS
                 CALL TODAY FOR RATES                                       POSSIBLE SO WE CAN REMOVE YOUR AD
                       845-634-2149                                             FROM THE CLASSIFIED SECTION.

                          Do you have an article to submit? Do you have good news to share?
                            Do you have a book review? Call the Association 845-634-2149
VOLUME   1                                                                                       PAGE    11

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                                                I AM LOOKING FOR JIM FITZGERALD’S FILES
                                                    IF YOU HAVE ANY INFO PLEASE CALL
                                                                BEN SELIG

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                                                                    FOR THE MONTH:

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                                                            YOUR NAME COULD BE HERE!

 (914) 682-0037
                                                            ALL ASSIGNED COUNSEL
                                                               PANEL MEMBERS
                                                                       PLEASE NOTE :
                                                 THE 2008 FISCAL YEAR HAS COME TO A
                                                    CLOSE. PLEASE SEND IN YOUR
                                                       THE 2009 BILLING CYCLE.
PAGE   12                                                                         VOLUME            1

  COMMITTEE CALENDAR                                               CLE CALENDAR

          PLEASE NOTE:
     FEBRUARY 10, 2009 WILL BE
                                                                      Thursday, January 8, 2009
   THE DATE OF THE ETHICS CLE                              CLE: Best Employment Practices for Law Firms
                                                   Time: 6:00 p.m.– 9:00 p.m. (Registration @ 5:30 p.m.) Light Dinner
 SEMINAR HAS BEEN CHANGED FROM                                    Level: Transitional/Non-Transitional
  APRIL 6, 2009 TO APRIL 16, 2009.                                             Cost: $75.00
                                            Place: Rockland BOCES Instructional Services Building, #10, West Nyack, NY
                                                             Credits: 3 (2.5 Professional Practice; .5 Ethics)
      SAVE THE DATE                                                  Monday, January 26, 2009
                                                                    CLE: Landlord Tenant Update
     Friday, May 1, 2009                     Time: 5:30 p.m.– 8:30 p.m. (Registration @ 5:00 p.m.) Light Dinner
                                                                  Level: Transitional/Non-Transitional
          9:30 A.M.                                                            Cost: $75.00
         LAW DAY                                     Place: Suffern Free Library, 210 Lafayette Ave, Suffern, NY
                                                             Credits: 3 (2.5 Professional Practice; .5 Ethics)
 Rockland County Courthouse
                                                                      Monday March 2, 2009
              ~                                                  CLE: Litigating and Settling Cases
                                                               When to Hold ‘em and When to Fold ‘em
     Friday, May 1, 2009                     Time: 5:30 p.m.– 8:30 p.m. (Registration @ 5:00 p.m.) Light Dinner
    1:00 P.M. - 4:00 P.M.                                       Level: Transitional/Non-Transitional
                                                                              Cost: $75.00
     CPLR UPDATE W/                         Place: Rockland BOCES Instructional Services Building, #10, West Nyack, NY
                                                            Credits: 3 (2.5 Professional Practice; .5 Ethics)
      Rockland BOCES                        **Kosher Meals are dependant on the delivery service available from the caterer.
                                              All kosher meals must be ordered in advance and require an extra charge of
                                            $10.00. Call the Association and place an order for a kosher meal. Please give us
                                                                        at least one weeks notice.
                                                              Credit is not given for partial attendance.
                                               Make sure your blue evaluation forms are completed and turned in to CLE
                                                                Coordinator to receive your certificate.
                                                                    Prices for the above Seminars:
            Specializing in New Attorneys                          Cost: $75.00 Members of RCBA;
                                                                $95.00 Non-Members; $85.00 Walk-Ins
                                                     HAVE YOU MADE YOUR NEW YEARS
       COURT FILINGS & RETREIVAL                            RESOLUTION YET?
  Serving Rockland, Hudson Valley & NYC
                                                                HERE ARE SOME TIPS:
                 Hilly Minzer
           Retired Court Officer                 ♦MORE COMMITTEE PARTICIPATION
        33 Years Court Experience
                                                  ♦ MORE INVOLVEMENT IN THE
        Phone / Fax (845) 354-9805                             ASSOCIATION
           Cell (914) 260-2866
                                                   ♦ RECRUIT NEW MEMBERS
                                              ♦ JOIN THE NEW LAWYERS COMMITTEE
                                                    (those in practice 5 years or less)
                                                 ♦ ATTEND NETWORKING EVENTS
   GET YOUR FLU SHOT                                  ♦ REGISTER FOR CLE’S
                                                         ♦ GET INVOLVED
VOLUME       1                                                                                              PAGE        13

                                           Sharon Tucker                    ATTENTION MEMBERS
                                                                        ARE YOU HOLDING FILES FOR
  ERA Tucker Associates, Inc.                                      ATTORNEYS THAT HAVE RETIRED OR ARE
  ___________________________                                      DECEASED? IF SO PLEASE CONTACT THE
  8 College Avenue, Nanuet, NY 10954                               ASSOCIATION WITH THAT INFORMATION.
  Nanuet Office: (845) 623-5200
  Nanuet Fax: (845) 623-5244
  Website:                                           LOG ON TO WWW.ROCKLANDBAR.ORG
  Serving all your real estate needs in Rockland & Orange County
  Auction Advantage also available
  Each ERA Office is independently Owned and Operated                THE 2008–2009 CLE BROCHURE IS
                                                                       AVAILABLE FOR VIEWING

                                Interested in Softball?              Need a Place to Meet in New City?
                                A committee is being                          RCBA Conference Rooms
                                formed to organize a RCBA                       Available for Rent
                                softball outing in late Spring      First Two Hours free for members of RCBA
                                2009.                                            Member Prices
                          We are in need of a few                             Closings & Depositions
                          volunteers who would like                         $60 half day/ $120 full day
                          to play or who can help plan                        Non – Member Prices
                          a day that will be fun for                        $75 half day/ $135 full day
 everyone together with raising scholarship monies.                 We must have advance notice for closings and
 Please contact either Steve Lowe or Robyn Lefcourt.                 depositions. A small fee will be charged for
 Robyn @ 845-359-2149                                                  any telephone usage, faxes and copies.
                                                                     Please call (845) 634-2149 in advance for rental

   COPY IS AVAILABLE AT THE BAR                                             MY CLIENTS LEND
 ASSOCIATION OFFICE. PLEASE CALL                                        PRIVATE, SHORT TERM,
 LESLIE @ 845-634-2149 IF YOU NEED                                    COMMERCIAL MORTGAGE
              A COPY.                                                           MONEY
                                                                           ALAN SNIDER, ESQ.
                                                                      800 CENTRAL PARK AVENUE
    ANYONE LOOKING TO SHARE A WESTLAW                                          SUITE 204
                                                                         SCARSDALE, NY 10583
                   IF SO, LET ME KNOW.                                        PHONE (914) 472-1956
                 CALL LESLIE @ 845-634-2149
                                                                                                               US POSTAGE
                                                                                                             NON-PROFIT ORG
                                                                                                              MONSEY, NY
                                                                                                             PERMIT NO. 5683

                                                  We’re on the web

Name(s)_________________________________________Updated E-mail____________________________
 Best Employment Practices for Law Firms -                 January 8, 2009            6:00 p.m.- 9:00 p.m. $ 75.00
 Landlord Tenant Update -                                  January 26, 2009           6:00 p.m.- 9:00 p.m. $ 75.00
 Litigating and Settling Cases                            March 2, 2009               6:00 p.m.- 9:00 p.m. $ 75.00

  **Kosher Meals are dependant on the delivery service available from the caterer. All kosher meals must be ordered in
 advance and require an extra charge of $10.00. Call the Association to place an order for a kosher meal. Please give us at
                                                 least one weeks notice.

                                         Credit is not given for partial attendance.
    Make sure your blue evaluation forms are completed and turned in to CLE Coordinator to receive your certificate.
    If you pre-pay but are unable to attend the seminar you will be refunded the full amount only upon advance notice
                                (3:00 P.M. the day of the seminar) of your non attendance.

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