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War Stories from the New York Courts FEBRUARY 2015 VOL. 87 | NO. 2 JournalNEW YORK STATE BAR ASSOCIATION More War Stories From the New York Courts by Harold Lee Schwab Also in this Issue Commercial Landlord- Tenant Law and Procedure – Part I Points of View: Is the UBE Right for New York? NEW YORK STATE BAR ASSOCIATION My NYSBA membership has provided a wealth of opportunities for me to meet and collaborate with colleagues from across the state, and has contributed to my professional development.” Erica M. Hines, Esq. NYSBA member since 2009 Albany, NY A Membership as Unique as Your Career Renew today for 2015 | www.nysba.org/renew BESTSELLERS FROM THE NYSBA BOOKSTORE February 2015 Best Practices in Legal Management Entertainment Law, 4th Ed. N.Y. Municipal Formbook, 4th Ed. The most complete treatment of the business Completely revised, Entertainment Law, A must-have for attorneys whose practice of running a law firm. 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Experienced Practice of Criminal Law Under the CPLR PN: 40622 / Member $40 / List $55 / 294 practitioners may also benefit from the and Related Civil Procedure Statutes, 6th Ed. pages practical guidance offered. This new edition compiles the rules regarding jurisdiction, evidence and motion practice and Disability Law and Practice: Book One PN 4095 / Member $185 / List $220 / 882 pages / loose-leaf those applying to criminal law practice found This first book in a series that will provide a in statutes governing civil procedure. broad education in all aspects of disability Impasse Resolution Under the Taylor PN: 40699 / Member $50 / List $60 / law and practice focuses on special educa- Law, 2nd Ed. 230 pages tion, assistive technology and vocational An invaluable resource for attorneys rehabilitation. whose practice may involve public sector Products Liability in New York, 2nd Ed. PN 42153-1 / Member $60 / List $75 / labor law issues. The Second Edition is A comprehensive text on this challenging 382 pages current through the end of the 2013 and complex area of law. state legislative session. PN: 41979 / Member $120 / List $170 / PN 41223 / Member $30 / List $40 / 2 vols. 130 pages Legal Manual for N.Y. Physicians, 4th Ed. N.Y. Lawyer’s Deskbook and Formbook The Fourth Edition of Legal Manual for New York (2014–2015) NEW! Award-winning and packed with new information Physicians has been expanded to two volumes covering 56 topics and includes a new chapter and forms for use in over 25 practice areas. Contesting New York State Tax Assessments, on Medicare Audits of Physician Claims and the 4th ed. N.Y. Lawyers’ Practical Skills Series (2014–2015) Medicare Appeals Process. 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Public Sector Labor and Employment Law, The new edition of this classic text has been PN: 41265 / Member $50 / List $65 / 302 pages completely reorganized to better follow the 3rd Ed., 2014 Revision process of a trial; the sections on Direct, New York Contract Law: A Guide for The leading reference on public sector labor Re-direct and Cross Examination have been Non-New York Attorneys and employment law in New York State is greatly expanded. This is a practical, authoritative reference completely revised with updated case and PN: 41074 / Member $65 / List $80 / 344 pages for questions and answers about New York statutory law. contract law. PN: 42057 / Member $160 / List $195 / 2 vols. PN: 4172 | Member $95 | List $120 | 622 pages Expand your professional knowledge 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB2885 Order multiple titles to take advantage of our low flat rate shipping charge of $5.95 per order, regardless of the number of items shipped. $5.95 shipping and handling offer applies to orders shipped within the continental U.S. Shipping and handling charges for orders shipped outside the continental U.S. will be based on destination and added to your total. NEW YORK STATE BAR ASSOCIATION JournalNEW YORK STATE BAR ASSOCIATION BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] Marvin N. Bagwell New York City Brian J. Barney Rochester Elissa D. Hecker Irvington Barry Kamins Brooklyn Jonathan Lippman New York City John R. McCarron, Jr. Carmel Eileen D. Millett New York City Thomas E. Myers Syracuse Gary D. Spivey Colorado Springs, Colorado Sharon L. Wick Buffalo Lawyer Referral and MANAGING EDITOR Daniel J. McMahon Albany Information Service e-mail: [email protected] ASSOCIATE EDITOR Nicholas J. Connolly Interested in expanding Tarrytown PUBLISHER your client base? David R. Watson Executive Director NYSBA PRODUCTION STAFF EDITOR Joan Fucillo DESIGN Join the Lawyer Referral & Information Service Lori Herzing Erin Corcoran Dave Cape Why Join? COPY EDITORS > Expand your client base > Benefit from our marketing strategies Alex Dickson Reyna Eisenstark > Increase your bottom line Howard Healy Kate Mostaccio Overview of the Program EDITORIAL OFFICES The New York State Bar Association Lawyer Referral and Information Service (LRIS) One Elk Street, Albany, NY 12207 has been in existence since 1981. Our service provides referrals to attorneys like (518) 463-3200 • FAX (518) 463-8844 you in 44 counties (check our website for a list of the eligible counties). Lawyers www.nysba.org who are members of LRIS pay an annual fee of $75 ($125 for non-NYSBA mem- bers). Proof of malpractice insurance in the minimum amount of $100,000 is ADVERTISING REPRESENTATIVE required of all participants. If you are retained by a referred client, you are Fox Associates Inc. required to pay LRIS a referral fee of 10% for any case fee of $500 or more. For 116 West Kinzie St., Chicago, IL 60654 additional information, visit www.nysba.org/joinlr. 312-644-3888 FAX: 312-644-8718 Sign me up New York: 212-725-2106 Los Angeles: 805-522-0501 Download the LRIS application at www.nysba.org/joinlr or call 1.800.342.3661 or Detroit: 248-626-0511 e-mail [email protected] to have an application sent to you. Phoenix: 480-538-5021 Atlanta: 800-440-0231 Give us a call! Email: [email protected] EUGENE C. GERHART 800.342.3661 (1912 – 2007) Editor-in-Chief, 1961 – 1998 CONTENTS FEBRUARY 2015 MORE WAR STORIES FROM THE NEW YORK COURTS by Harold Lee Schwab 10 22 A Guide to New York State Commercial Landlord-Tenant Law and Procedure – Part I by HON. GERALD LEBOVITS and MICHAEL B. TERK DEPARTMENTS 32 Point of View 5 President’s Message A Comparison of the New York 8 CLE Seminar Schedule Bar Examination and the Proposed Uniform Bar Examination 18 Burden of Proof by David Paul Horowitz by MARY CAMPBELL GALLAGHER, J.D., PH.D. and PROFESSOR SUZANNE DARROW-KLEINHAUS 48 Contracts by Peter Siviglia 39 Point of View 56 New Members Welcomed Assessing Minimum Competence in a 59 Attorney Professionalism Forum Changing Profession: Why the UBE Is 61 Classified Notices Right for New York 61 Index to Advertisers DIANE F. B OSSE by 63 2014–2015 Officers 46 The Association Position 64 The Legal Writer Remarks of President-elect David P. by Gerald Lebovits Miranda to the Advisory Committee on the Uniform Bar Examination by DAVID P. M IRANDA Cartoons © CartoonResource.com The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2015 by the New York State Bar Association. The Journal ((ISSN 1529-3769 (print), ISSN 1934-2020 (online)), official publica- tion of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/August, September, October, November/December. Single copies $30. Library subscription rate is $200 annually.
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