SEPTEMBER 2007 VOL. 79 | NO. 7 JournalNEW YORK STATE BAR ASSOCIATION BBentleyentley KKassalassal – BBehindehind tthehe LLensens Judge, Attorney, Children’s Advocate Also in this Issue The Lesson of Yukos Oil by Skip Card Resolving “Liens” in Personal Injury Settlements New York’s Judicial Selection Process Successor Liability From the NYSBA Bookstore Announcing—2007 Revision One of NYSB all-time bestsellers to the “Pedowitz book” A’s Real Estate Titles Third Edition Editor-in-Chief: James M. Pedowitz, Esq. Of Counsel Berkman, Henoch, Peterson & Peddy Garden City, NY Nationally renowned expert on real estate law and title insurance The success of the earlier editions of Real Estate Titles testifi es to the need for a practical work encompassing the many common and complex subjects surrounding real estate titles. The breadth of the problems encountered in title examination is well beyond the appreciation of most laypersons and lawyers alike. These 2 compre- hensive volumes provide guidance for recognizing and handling problems with real estate titles. Edited by a nationally renowned expert on real estate law and title insurance, James M. Pedowitz, this revised Third Edition is a thor- Contents ough update of the original text encompassing new decisions, The Nature of Title and Bankruptcy: An Invasion of statutes and regulations. This latest edition, consisting of 27 Estates in New York Private Rights? chapters, is authored by some of the most distinguished practitio- Search and Examination Title by Eminent Domain: ners in the fi eld. Many chapters have been substantially revised, of Title Who May Condemn including the chapter on title insurance, which now includes copies Parties and Capacity to Adverse Possession of the new 2006 American Land Title Association policies and the Buy and Sell Title to Land under Water updated Title Insurance Rate Service Association (TIRSA) endorse- Federal Deposit Insurance Title to Land in Beds of ments. The index has also been substantially revised and expanded. Corporation Streets and Highways New practitioners will benefi t from the comprehensive coverage by Devolution of Title by Death Mines and Minerals leading practitioners from throughout New York State, and real Real Estate Descriptions, Title to Railroad Properties Plottings, Surveys and estate experts will be able to turn to this book whenever a novel Maps Airspace, Air Rights and question arises. Transferable Development Deeds Rights Mortgages The Torrens System Product Info and Prices Liens and Encumbrances Marketable Title Proceedings to Sell, Condominiums, Coopera- 2007 • 1,632 pp. • loose-leaf • 2 vols. • PN: 521007 Mortgage or Lease tives and Homeowners’ NYSBA Member $150 / Non-Member $180 Contracts of Sale Associations Tax Titles Leasehold Interests Actions and Involuntary Title Insurance: What Every Free shipping and handling within the continental U.S. The cost for shipping and handling Alienations New York Lawyer Should outside the continental U.S. will be added to your order. Prices do not include applicable Civil and Criminal Forfeiture Know sales tax. Get the Information Edge NEW YORK STATE BAR ASSOCIATION 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB0108 BESTSELLERS FROM THE NYSBA BOOKSTORE September 2007 Attorney Escrow Accounts, Legal Manual for New York Physicians, NEW! Second Edition Second Edition Estate Planning and Will Drafting in The Second Edition offers comprehensive coverage Co-published by NYSBA and the Medical Society of the New York, 2006 Revision of the most common situations involving client funds State of New York, this comprehensive text is a must- Provides a practical overview of the complex rules and clearly discusses the legal and ethical issues have for physicians, attorneys representing physicians and considerations involved in the various aspects encountered. and those involved in the medical profession. Presented of estate planning in New York State. Includes PN: 40266 / Member $45 / List $55 / 266 pages in an easy-to-use question-and-answer format. numerous sample wills and checklists. PN: 41325 / Member $90 / List $105 / 1,032 pages PN: 4095 / Member $125 / List $160 / 822 pages Collections and the Enforcement of Money Judgments, 2006 Revision New York Lawyer’s Deskbook, NYS Physician’s HIPAA Privacy Manual This classic text provides detailed guidance in the field of Second Edition, 2006–2007 Designed to be a hands-on tool for health care pro- debt collections and enforcement of money judgments. WINNER OF THE ABA’S CONSTABAR AWARD viders and their legal counsel, this new publication Completely updated with the cumulative supplement. The Second Edition consists of 25 chapters, each provides guidance for a physician’s office to respond PN: 4030 / Member $105 / List $140 / 804 pages covering a different area of practice. Each chapter to routine, everyday inquiries about protected gives the nuts and bolts of practice in that particular health information. Construction Site Personal Injury area of law. PN: 4167 / Member $75 / List $95 / 288 pages Litigation — New York Labor Law PN: 4150 / Member $250 / List $325 / 2,068 pages §§ 200, 240(1), 241(6) Real Estate Titles, Perhaps no single scheme of statutory causes of action New York Lawyer’s Formbook, Third Edition has initiated more debate. This text provides a road Second Edition, 2006–2007 An all-time bestseller, this 2007 Edition map through this at-times confusing area of law. The Formbook is a companion volume to the N.Y. is edited by James M. Pedowitz, Esq., a nationally Includes a summary of key case developments. Lawyer’s Deskbook and includes 21 sections, each renowned expert in real estate law and title PN: 4047 / Member $80 / List $110 / 440 pages covering a different area of practice. insurance, and authored by some of the most PN: 4155 / Member $250 / List $325 / 3,202 pages distinguished practitioners in the field. This edition, Depositions — Practice and Procedure consisting of 27 chapters, is an essential guide to the many complex subjects surrounding real estate in Federal and New York State Courts N.Y. Municipal Formbook, FFormsorms Third Edition law. Includes the new ALTA policies and TIRSA This detailed text covers all aspects of depositions. oonn CCDD endorsements. Topics include pre-trial discovery schedules, appropriate A rich resource for attorneys dealing PN: 521007 / Member $150 / and inappropriate behavior at depositions, and motions with local government as it affects employees, List $180 / 1,632 pages for protective orders. citizens and businesses. Over 1,100 forms covering all PN: 4074 / Member $50 / List $65 / 478 pages aspects of municipal law. PN: 41606C / Member $150 / List $185 / 3,318 pages Coming Soon! Foundation Evidence, Questions and Practitioner’s Handbook for Appeals Courtroom Protocols Practitioner’s Handbook for Appeals to to the Court of Appeals, Third Edition This manual contains a collection of the forms and the Appellate Divisions of the State of protocols that provide the necessary predicate or New York, Second Edition This anticipated new edition will update top- ics on taking and perfecting criminal and civil foundation questions for the introduction of common Covers the aspects of handling appeals to appeals, alternative procedures for selected appeals forms of evidence and the examination of witnesses. the New York State Appellate Division, addresses and how to write and present the appeal. PN: 4107 / Member $48 / List $57 / 172 pages recent statutory changes and rule revisions, and includes commonly needed forms. A must for Insurance Law Practice, practitioners filing civil or criminal appeals. Representing People with Disabilities, Second Edition PN: 4014 / Member $48 / List $57 / 172 pages 2007 Revision Completely updated, the Second Edition provides a A comprehensive reference that covers the comprehensive approach to this complex area of the law. Free shipping and handling within the conti- myriad legal concerns of people with disabilities. Representing People with Disabilities is the ideal Includes five new chapters on disability insurance, work- nental U.S. The cost for shipping and handling reference for those who want a “one-stop” source ers’ compensation insurance, professional liability cover- outside the continental U.S. will be added to that provides a thorough overview of the legal age, insurance regulation, and agent and broker liability. your order. Prices do not include applicable framework affecting individuals with disabilities. PN: 41256 / Member $110 / List $140 / 1,382 pages sales tax. Expand your professional knowledge NEW YORK STATE BAR ASSOCIATION 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB0109 JournalNEW YORK STATE BAR ASSOCIATION BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] Mary Grace Conneely Monticello Willard H. DaSilva Garden City Philip H. Dixon Albany Lesley Friedman Rosenthal New York City Judith S. Kaye New York City Eileen D. Millett New York City Thomas E. Myers Syracuse John B. Nesbitt Lyons Gary D. Spivey Albany Sharon L. Wick Buffalo EDITOR EMERITUS Eugene C. Gerhart Binghamton MANAGING EDITOR Daniel J. McMahon Albany e-mail: [email protected] ASSOCIATE EDITOR Philip C. Weis Oceanside PUBLISHER Patricia K. Bucklin Executive Director NYSBA PRODUCTION STAFF PRODUCTION COORDINATOR Joan Fucillo DESIGN Lori Herzing Erin Corcoran EDITORIAL OFFICES One Elk Street Albany, NY 12207 (518) 463-3200 FAX (518) 463-8844 www.nysba.org ADVERTISING REPRESENTATIVE Network Publications Chris Martin Executive Plaza