August 30, 2017 | New York Law Journal
End of Summer at the First DepartmentDespite the separation of time and space, these slower days of August prompt me to think about what must be going on at the Appellate Division courthouse as preparations for a new year begin.
By David B. Saxe
9 minute read
August 04, 2017 | New York Law Journal
Broader Use of Special Masters: A ProposalFederal judges have the authority to appoint a special master, without the parties' consent, to be paid by the parties, to "address pretrial and posttrial matters that cannot be effectively and timely addressed by an available district judge or magistrate judge of the district." We believe that such a rule ought to be adopted in our state civil practice, especially in matters involving complex commercial litigation.
By David B. Saxe and Danielle C. Lesser
6 minute read
June 15, 2017 | New York Law Journal
Bar Admission Process Holds ValueThe authors of a recent Law Journal commentary, "The Need for Bar Admission Reform," make some worthwhile points but ignore the important work that the various Character and Fitness Committees perform in New York State, as part of the attorney admission process. In particular, they seek to marginalize the interview requirement for all applicants.
By David B. Saxe and Danielle Lesser
6 minute read
April 26, 2017 | New York Law Journal
Streaming of Appellate Arguments at the First DepartmentDavid B. Saxe and Danielle C. Lesser write: The First Department's reluctance to provide the level of transparency other state appellate courts and federal courts in New York provide sets it apart and, given its commercial prominence in resolving high profile disputes, its refusal to provide live streaming is an unfortunate loss for the legal community.
By David B. Saxe and Danielle C. Lesser
12 minute read
April 18, 2017 | New York Law Journal
Making Prenuptial Agreements 'Bulletproof'David B. Saxe writes that no prenuptial agreement is entirely immune from the challenges and vagaries of litigation, but with certain precautions, many of those agreements can be made more invulnerable.
By David B. Saxe
21 minute read
August 29, 2016 | New York Law Journal
A Welcome RespiteOf course all judicial work, at its essence, involves dealing with and resolving conflict between disputing litigants. But, at the appellate level, we also have to deal with and manage conflict in our positions on assigned appeals. Sometimes writings get a bit pointed and sharp. The break of the summertime recess tends to help restore the appropriate level of tranquility necessary to our collegial enterprise.
By David B. Saxe
11 minute read
July 22, 2016 | New York Law Journal
The Under-the-Radar Work of the Appellate DivisionThe work of the First Department includes many types of matters other than the disposition of appeals.
By David B. Saxe
27 minute read
October 01, 2015 | New York Law Journal
My First Wedding CeremonyDavid B. Saxe writes: Some judges are "marrying" judges, that is, they enjoy performing weddings and being part of those often joyous celebratory events. I didn't, for the most part, fall into this group, although when I first became a Civil Court judge, I received calls from time to time from the administrative judge asking whether I would be able to perform a wedding. After saying no a few times, I thought it prudent to answer in the affirmative lest my future part assignments take an unpleasant turn.
By David B. Saxe
5 minute read
September 30, 2015 | New York Law Journal
My First Wedding CeremonyDavid B. Saxe writes: Some judges are "marrying" judges, that is, they enjoy performing weddings and being part of those often joyous celebratory events. I didn't, for the most part, fall into this group, although when I first became a Civil Court judge, I received calls from time to time from the administrative judge asking whether I would be able to perform a wedding. After saying no a few times, I thought it prudent to answer in the affirmative lest my future part assignments take an unpleasant turn.
By David B. Saxe
5 minute read
April 29, 2015 | New York Law Journal
Tips for New JudgesDavid B. Saxe offers advice for those in the infancy of their judicial careers.
By David B. Saxe
5 minute read
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