WWBA May 2018 Newsletter

Westchester Women’s Bar Association 

MAY 2018 

WWBA 

WWBA Presents a Continuing Lecture 

Series on Diversity in the Legal 

Profession 

Stephanie Melowsky and 

Jacqueline Hattar 

T 

he Honorable 

Judge Kathie E. 

Davidson, Administrative 

Judge of the 

Ninth Judicial District, the 

Honorable Maria S. 

Vasquez-Doles, J.S.C. 

New York State Supreme 

Court, Orange County 

and the Honorable Janet 

INSIDE THIS ISSUE 

MAY 2018 

WWBA Year In Review 

(page 4) 

An Interview with 

Hon. Victor G. Grossman 

(page 6) 

Litigation Tip: Burden of 

Proof on Summary 

Judgment Motions 

(page 7) 

Upcoming Events 

(page 10) 

Maria Matos, Esq., Hon. Janet C. Malone, Jacqueline Hattar, 

Esq., Hon. Kathie E. Davidson, Hon. Maria Vasquez-Doless 

and Stephanie Melowsky, Esq. 

C. Malone, J.S.C. New York State Supreme Court, Putnam County were the special guest 

speakers at a lecture on “A Discussion on Diversity and Inclusion” that was held on April 

9, 2018 at Wilson Elser’s office in White Plains. The program was presented by the 

WWBA’s Diversity and Litigation Committees and the NYSBA’s Committee on Diversity 

and Inclusion, and sponsored by Wilson Elser and Counsel Press. 

The program, which was very-well attended, is part of the WWBA’s Continuing 

Lecture Series on Diversity in the Legal Profession. The distinguished jurists were joined by 

Jacqueline Hattar Esq., partner at Wilson Elser, Maria Matos Esq., Counsel for the 

Westchester Women’s Bar Association News 

news 

www.wwbany.org 

continued on page 5 ➥ 

SAVE THE DATE 

WWBA ANNUAL DINNER 

June 6, 2018 

Mamaroneck Beach & Yacht Club 

Mamaroneck, New York 

FIRST FRIDAYS 

WOMEN IN 

PROFESSIONAL 

TRANSITION 


445 Café 

White Plains, New York 

WWBA BOOK CLUB 


Linda Markowitz’s Home 

White Plains, New York 

PRESIDENT’S 

MESSAGE 

I have been 

reading lately on the 

topic of civil society 

and public discourse, 

a topic 

many of us bemoan 

as tragically dead in 

this day and age. 

However, it occurred Lisa M. Denig 

to me that lawyers – 

and more particularly, lawyers of the 

WWBA – serve to protect and preserve 

public, civil discourse more than any 

other profession. 

First, lawyers must consistently 

practice civil discourse in their profession 

or, at the very least, be ostracized 

by their peers and, at the worst, be sanctioned 

by the Court. Courtroom discourse 

is structured so that each side 

has an opportunity to provide their version 

of the facts as they see them, and 

the presence of a judge and perhaps 

even a jury ensures that these oral presentations 

will be courteous. While we 

certainly work within an adversarial system, 

the way that we communicate our 

advocacy is strikingly more civil than 

the public discourse of today. 

Additionally, lawyers work to encourage 

public discourse about legal 

and ethical issues through CLE’s and 

presentations given to a wide array of 

audiences. While these topics are often 

“hot-button” issues for the citizenry, 

under the direction and moderating of 

lawyers, panelists tend to present their 

strongly held viewpoints in the most civil 

and polite manner. This respectful and 


Page 1 

The Westchester Women’s Bar Association is a Chapter of the Women’s Bar Association of the State of New York

WWBA Member Newsletter 

MAY Y 2018 

Published Monthly by the 

Westchester Women’s 

Bar Association, a Chapter of 

the Women’s Bar Association 

of the State of New York 

~ 2017/2018 Officers and Directors ~ 

President LISA M. DENIG 

President-Elect KIM BERG 

Vice Presidents 

AMANDA C. FRIED JENNIFER L. GRAY HON. LISA M. SMITH 

Treasurer 

ANGELA MORCONE GIANNINI Recording Secretary NATANYA BRIENDEL 

Corresponding Secretary ELIZABETH Z. MARCUS 

Immediate Past ast President 

SUSAN EDWARDS COLSON 

Elected Directors Westchester Board 

GAIL M. BOGGIO HÉLÈNE CÔTÉ LONYA A. GILBERT 

SHARI R. GORDON ADRIENNE J. ORBACH 

State Directors Women’s Bar Association of the State of New York 

ROBIN D. CARTON KITLEY S. COVILL SUSAN EDWARDS COLSON 

DONNA E. FROSCO MARIAN GENIO THERESA A. GIROLAMO 

ANNETTE G. HASAPIDIS JANE SILVERMAN 

Executive Director ELISABETH CAMPOS 

© Copyright 2017 Westchester Women’s Bar Association. All rights reserved. 

The opinions expressed herein are those of the author(s) only and do not reflect the official position of the Association. 

Editor-in-Chief: Elizabeth Z. Marcus • Designed and Printed by IPM Media Group, Inc. (516) 809-0501 

2017-2018 WWBA Committee Chairs 

S T A N D I N G C O M M I T T E E S 

By-Laws ............................................. Hélène Côté, Anna L. Georgiou 

Corporate & Commercial ........................ Lisa M. Bluestein, Eva David 

Criminal Law ....... Kitley S. Covill, Lisa M. Denig, Hon. Sandra A. Forster 

Families, Children & the Courts ........... Shari R. Gordon, Joy S. Joseph, 

Lauren Morrissey 

Grievance/Ethics ............................ Kitley S. Covill, Deborah A. Scalise 

Judicial Screening ............... Hon. Sandra A. Forster, Loren I. Glassman 

Judiciary .......... Hon. Delores Scott Brathwaite, Hon. Linda S. Jamieson 

Lawyering & Parenting .......... Joelle M. Burton, Jana Kosberg-Kleidman 

Legislation ................................................. Angela Morcone Gianinni 

Matrimonial .......... Robin Carton, Dolores Gebhardt, Lonya A. Gilbert 

Annual Dinner ......... Robin D. Carton, Lisa M. Denig, Jennifer L. Gray, 

Jennifer N. Netrosio, Katie Wendle 

Annual Dinner Souvenir Journal .............................. Andrea Friedman 

Appellate Practice ....................... Lisa M. Denig, Hon. Mark C. Dillon, 

Hon. Sondra M. Miller, Hon. Robert A. Spolzino 

Archive & Historian ..................................................... Susan L. Pollet 

Awards ............... Elizabeth Barnhard, Kim Berg, Deborah Farber-Kaiser 

Bankruptcy ................... Susan Mills Richmond, Wendy Marie Weathers 

Breast Cancer Awareness ...................................... Adrienne J. Orbach 

Collaborative Law ............................. Kathleen Donelli, Lynn J. Maier, 

Hon. Sondra M. Miller 

Community Outreach ... Deborah A. Scalise, Hon. Lisa Margaret Smith 

Continuing Legal Education ..................................... Ann M. McNulty 

Construction ........................................... Aisling Brady, Sushmita Roy 

Diversity and Inclusion in Membership .................... Jacqueline Hattar, 

Stephanie Melowsky 

Domestic Violence ........... Natanya L. Briendel, Beth Levy, Audrey Stone 

Education Law ....................... Adrienne J. Arkontaky, Julie P. Passman, 

Susan Mills Richmond 

Elder & Health Law & Reproductive Rights ....... Elizabeth A. Cumming, 

Shari R. Gordon, Moira Laidlaw 

Employment Law ................................................ Kim Berg, Sara Kula 

Environmental & Land Use .......... Lucia Chiocchio, Anna L. Georgiou, 

Jennifer L. Gray, Katherine Zalantis 

Gender Dynamics ...................................... Hon. Terry Jane Ruderman 

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A D H O C C O M M I T T E E S 

Membership ............................................... Sherry Bishko, Hélène Côté 

Networking ............................................ Arin Liebman, Suzanne Volpe 

New Lawyers ................................... Elizabeth Z. Marcus, Katie Wendle 

Professional Development ......... Susan Edwards Colson, Adam J. Krim, 

Stephanie Melowsky 

Programs .......................................... Natanya Briendel, Amanda Fried 

Public Relations ............................... Joelle M. Burton, Jennifer L. Gray 

Real Property ................................... Allyson Magliery, Michelle Murphy 

Sponsorship .......................... Susan Edwards Colson, Lucia Chiocchio 

Taxation ....................................................................................... TBD 

Trusts & Estates ........ Gail M. Boggio, Nancy J. Rudolph, Karen J. Walsh 

Golf & Tennis Outing ................................................................ TBD 

Holiday Party and Boutique ...... Dolores Gebhardt, Jennifer N. Netrosio 

Immigration .............................................................................. TBD 

Insurance Law ........................................................................... TBD 

Intellectual Property .............. Elizabeth M. Barnhard, Donna E. Frosco, 

Theresa O’Rourke Nugent 

Judgment Enforcement & Collections .............. Christopher T. Bonante, 

Daniel F. Florio, Jr. 

Litigation ...................... Angela Morcone Giannini, Jacqueline Hattar 

Kimberly Sheehan 

Long Range Planning ................ Carla D. Glassman, Linda Markowitz 

Ann M. McNulty 

Mediation ............................ Amy Carron Day, Hon. Sondra M. Miller, 

Lauren S. Morrissey, Abby Rosmarin 

Network of Bar Leaders ............................................. Donna E. Frosco 

Pace Board of Visitors ................................................ Gail M. Boggio 

Past Presidents ........... Jane Bilus Gould, Mary F. Kelly, Linda Markowitz 

Practice Management .............. Jamieson L. Keiser, Jennifer N. Netrosio 

Wendy Marie Weathers 

Pro Bono ........................................... Marian Genio, Natalie Sobchak 

Social Media .............. Hélène Côté, Kristen Motel, Jennifer N. Netrosio 

Technology/Website .......... Donna E. Frosco, Theresa O’Rourke Nugent 

WCA Board Delegate ............................................ Anthony Morando 

WWBA Foundation President ..................................... Susan S. Brown 

WWBA Representative Director to the WCBA Board .. Dolores Gebhardt 

Page 2 

Westchester Women’s Bar Association News

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President’s Message 

from page 1 

“[L]awyers – and more 

particularly, lawyers of 

the WWBA – serve to 

protect and preserve 

public, civil discourse 

more than any other 

profession.” 

courteous atmosphere allows for a deeper 

exploration of sensitive topics that benefits 

both sides of any debate. 

Although technology has opened up 

the “public sphere of communication” in 

ways previously unimaginable, it has not 

served to promote public, civil discourse. 

The opportunity that new technology brings 

in opening up minds and disseminating 

new ideas has taken a backseat to the relative 

anonymity inherent in these new forms 

of communication and, consequently, the 

incivility that it can breed. Our ability to 

form relationships that only a few years ago 

would have been constrained by distance 

should make us feel more connected; indeed, 

it has done the opposite as those 

entrenched in certain viewpoints are able 

to merely seek out like-minded brethren. 

When this happens, true public discourse 

dies and is sadly replaced by egoistic selfvalidation. 

I am proud that members of the 

WWBA have sought out public spaces to 

continue the much needed civil discourse 

that society requires. Our members have 

presented programs on topics including the 

LGBTQ community and domestic violence; 

sexual harassment in the wake of 

#METOO; and racial discrimination in jury 

selection. These sensitive issues simply 

must be discussed in the public sphere and 

that conversation will only be helpful when 

handled in the most well-mannered and 

respectful way. 

So keep talking, WWBA members! 

Your civility and intelligent discussion will 

most certainly serve as a light in the darkness 

of our current sphere of public discourse. 

◗ 

Editor’s Note 

“Keep your face always towards the sunshine – and shadows will fall 

behind you.” 

~ Walt Whitman 

Making Dates and Getting Published 

NEWSLETTER SUBMISSIONS 

❑ Deadline for newsletter submissions is the 12th of the month prior to publication (submissions 

received after the deadline are subject to the discretion of the editor). 

❑ Send submissions as email attachments to Elizabeth Z. Marcus at elizabeth.z.marcus@gmail.com. 

❑ Articles should be 1,000 words or fewer. Remove all pagination, headers, footers or other 

formatting, other than bold, underline or italics. Authors are encouraged to submit photographs 

for publication with their submissions and include a short biographical statement with 

their submissions. 

❑ Materials submitted allow the WWBA a limited copyright and full permission to reprint the 

material in any WWBA publication or on its website without additional consent. 

❑ Photographs must be high-resolution (150 dpi or more) and the subject and all persons in 

each photograph must be fully identified. 

PROGRAM SCHEDULING 

❑ First visit the WWBA website: www.wwbany.org and click on the calendar at the home page to 

view scheduled programs. Conflicts in scheduling will be assessed on a case by case basis, with 

priority for early submissions. 

❑ Contact Elizabeth Z. Marcus at elizabeth.z.marcus@gmail.com to schedule a WWBA sponsored 

or co-sponsored program, including committee meetings, CLE programs, etc. 

❑ Once you have reserved the date with Elizabeth Z. Marcus, proceed with planning your 

program and creating your flyer. 

❑ Flyers must be approved by the Programs Committee. In advance of the 12th of the month, 

please send your flyer to the Program Committee Co-chairs for review and copy the Executive 

Director. Once approved, please send your final flyer to the Executive Director, Elizabeth Z. 

Marcus and the President for publication on the website calendar and the newsletter calendar. 

The final flyer will also be emailed to the membership. 

❑ We will also consider publicizing programs from outside organizations that may be of interest 

to our members. 

❑ Post-event: You may report on the success of your program and provide photographs of the 

speakers and participants that can be included in an upcoming newsletter. Send your submission 

to Elizabeth Z. Marcus, following the guidelines above. 

A d v e r t i s i n g R a t e s 

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Elizabeth Z. Marcus, Corresponding Secretary and Newsletter Editor-in-Chief: elizabeth.z.marcus@gmail.com 

Natanya Briendel, Programs Committee Co-Chair: nbriendel@law.pace.edu 

Amanda C. Fried, Programs Committee Co-Chair: afried@cartonrosoff.com 

Lisa M. Denig, President: president@wwbany.org 

Ann M. McNulty, CLE Chair: ann.m.mcnulty@morganstanley.com 

Elisabeth Campos, Executive Director: executivedirector@wwbany.org 

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Page 3

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WOW, LOOK WHAT WE DID! 

WWBA 2017-2018 Year in Review 

The WWBA strives to coordinate numerous and varied programs throughout the year in an 

effort to provide members with opportunities to gain CLE credits, learn about changes in 

the law, and simply come together and enjoy each other’s company. Here is a list of all the 

programs and events the WWBA held this past year. We hope you were able to take 

advantage of many of these opportunities and please let us know if there is something you 

would like the WWBA to provide that is not addressed on this list. 

This year, the Westchester Chapter focused on increasing our social media outreach by 

creating an Instagram Account and actively posting to Instagram, Facebook and Twitter. 

We also were thrilled to have one of our members, the Hon. Lisa Margaret Smith, receive 

the Kay Crawford Murray Award from the New York State Bar Association’s Women in Law 

Committee. 

June 8, 2017 – WWBA Annual Installation Dinner at 

December 13, 2017 – WWBA Holiday Party 2016 

Mamaroneck Beach and Yacht Club 

January 5, 2018 – First Friday Lunch: Support for 

August 3, 2017 – WWBA Summer Networking: Women in Professional Transition 

Cocktails at Red Hat on the River 

January 10, 2017 – General Membership Meeting: 

September 6, 2017 – General Membership Meeting: Ethics Update 2018 CLE 

The New York State Paid Family Leave Law CLE 

January 18, 2018 – Paint Night 

September 12, 2017 – JALBCA Lunch and Learn 

January 25, 2018 – Book Club: “Small Great Things” 

September 28, 2017 – Meet the Officers of the by Jodi Picault 

WWBA: A Night of Networking 

January 31, 2018 – LGBTQ 101: The Intersection of 

October 11, 2017 – What Every New York Attorney DV in the LGBTQ Community CLE 

Needs to Know About Digital Evidence CLE 

February 2, 2018 – First Friday Lunch: Support for 

October 12, 2017 – The ABC’s of the ADA CLE 

Women in Professional Transition 

October 15, 2017 – Making Strides Against Breast 

February 10, 2018 – Learn to Spin: A Fundraiser for 

Cancer - Team ORBACH 

the American Heart Association 

October 25, 2017 – Broadway Outing to see “The 

February 13, 2018 – Inside the Appellate Court CLE 

Band’s Visit” 

March 2, 2018 – Read Across America Celebration at 

October 30, 2017 – A Discussion with Hon. John 

Eugenio Maria de Hostos MicroSociety School in Yonkers 

Leventhal about his book “My Partner, My Enemy” 

March 2, 2018 – First Friday Lunch: Support for 

November 1, 2017 – General Membership Meeting: 


Achieving Powerful Presentation and Communication 

Skills 

March 22, 2018 – General Membership Meeting: 

Perspectives on Sexual Harassment in the Wake of 

November 4, 2017 – Wine Tasting 101 

#METOO CLE 

November 9, 2017 – The Inside Scoop on Forensic 

March 28, 2018 – Tax Reform: Making Sense of It All 

Evaluations in Custody Matters 

April 3, 2018 – Book Club: “Sisters in Law: How 

November 27, 2017 – Volunteered at the Hillside 

Sandra Day O’Connor and Ruth Bader Ginsberg Went to 

Food Outreach 

the Supreme Court and Changed the World” 

November 30, 2017 – WWBA Book Club: “What 

April 4, 2018 – Issues Related to Representation in 

Happened?” By Hillary Clinton 

Family and Divorce Mediation 

December 1, 2017 – First Friday Lunch: Support for 

April 6, 2018 – First Friday Lunch: Support for Women 


in Professional Transition 

2017 

2018 

YEAR 

-IN- 

REVIEW 

Page 4 


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DIVERSITY IN THE LEGAL PROFESSION 

from page 1 

Committee on Character and 

Fitness, New York State Appellate 

Division, First Dept. and 

Stephanie Melowsky Esq., 

Vice President, PCSB Bank. 

The authors were honored to 

serve as panelists. 

Judge Davidson is the first 

woman to be appointed Administrative 

Judge in the Ninth 

Judicial District and the first African-American 

to be appointed 

Administrative Judge 

outside of New York City. Two 

of her many accomplishments 

include Lead Judge of the 

NYS Child Welfare Court Improvement 

project and National 

Council of Juvenile and 

Family Court Judges Victim 

Act Model Court. 

Judge Vazquez-Doles is 

the first and only elected 

Latino Judge in Orange 

County. In 2013, she was 

elected to serve as Supreme 

Court Justice for the Ninth 

Judicial District where she is 

the only Latina Supreme Court 

Justice in the five counties that 

comprise the Ninth Judicial 

District. Judge Vazquez- 

Doles has also served as the 

Chair of the Latino Democratic 

Committee of Orange 

County and has received the 

prestigious Flor de Maga 

award as Business Attorney of 

the Year from the Puerto Rican 

Bar Association. Judge 

Malone is the first Black 

woman elected to the NYS 

Supreme Court for the Ninth 

Judicial District. In 2017, 

Judge Malone was presented 

with the Women Leaders 

award at The Society of 

Foreign Councils International 

Women’s Day. 

During the April 9th lecture, 

the panelists discussed 

their journeys through the legal 

profession and on the 

bench, and the different obstacles 

that they overcame 

along the way. Judge 

Davidson shared her insights 

on how education is essential 

to overcoming challenges 

of the lack of diversity and 

inclusion in the courts and 

how continuing to grow and 

improve is the key to mitigate 

the risk of going backwards 

in our advances. Judge 

Malone noted that people 

should “worry less about 

breaking the glass ceiling and 

get over our sticky floors” realizing 

that, while one is presented 

with challenges based 

on gender or race, one 

should not let that discourage 

or stop us from reaching our 

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goals. 

Judge Malone also 

stated that sponsorship and 

mentorship are equally important 

when reaching a 

person’s goals, especially as 

it relates to pay equity and 

inclusion. Judge Vasquez- 

Doles noted that it is also 

important to speak up and 

realize the ability to choose 

our own mentors that will encourage 

us to succeed. 

Maria Matos shared her experience 

with overcoming 

bias and noted that negative 

experiences can also serve to 

motivate one to be better. 

It was a truly excellent 

program that included a 

lively and interesting discussion 

by the attendees. We 

wish to thank Wilson Elser 

and Counsel Press for their 

generous support. ◗ 

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WWBA 2017-2018 

Year in Review 

from previous page 

April 9, 2018 – A Continuing Lecture Series on Diversity 

in the Legal Profession: Perspectives From the Bench and 

Bar 

April 10, 2018 – CASA in the Courts: Family Court 

Appointed Special Advocates 

April 17, 2018 – Resolving Family Disputes Through 

the Collaborative Process 

April 24, 2018 – Jury Selection and Race: A Review of 

Recent Batson Decisions CLE 

May 4, 2018 – First Friday Lunch: Support for Women 

in Professional Transition 

May 11, 2018 – Gender Fairness Essay Contest 

Breakfast 

May 16, 2018 – Discovery of Assets in Estates and 

Adult Guardianship CLE 

May 25, 2018 – WWBA Law Day/Take Your Children 

to Work Day 

June 6, 2018 – WWBA Annual Installation Dinner at 

Mamaroneck Beach and Yacht Club ◗ 

Contact banking professionals experienced in 

serving your unique needs at 914-367-9000, 

or email team556@snb.com 

Larry McElroen, Senior Managing Director 

Michael Henderson, Senior Managing Director 

Anthony Forgione, Managing Director 

Moira Kiernan, Managing Director 

Luis Rivera, Associate Managing Director 

To learn about Sterling’s full suite 

of services, visit snb.com. 

Member 

FDIC 

A Leader in Serving the 

Legal Services Community. 

That’s Sterling. 

Expect the highest caliber of personal service and 

banking expertise. 

Expect extraordinary. 


Page 5

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An Interview with Honorable Victor G. Grossman 

Susan L. Pollet 

Chair of the Archive and 

Historian Committee 

Q: You have been a staunch 

supporter and member of the 

WWBA. What drew you to 

the organization? 

A: When I first joined the 

WWBA, it was because I was 

impressed with its forwardlooking 

and inclusive approach 

to the legal community. 

Many professional organizations 

tend to be limiting 

and insular, but the WWBA 

has rejected that approach. 

The effect has been an organization 

growing in membership 

and evolving to meet the 

interests of a legal community 

that includes women and 

men. 

Q: Please tell us about your 

legal career, and why you 

became a Judge? 

A: y career began in White 

Plains. I had the good fortune 

to assist Joel Aurnou in 

the Jean Harris case, an experience 

I will never forget. We 

continued to work together in 

the years that followed, and 

our friendship remains. As a 

young attorney building a 

practice, I did not turn many 

clients away. Many of the professional 

relationships I developed 

at that time with attorneys 

and court personnel continue 

to this day. 

During most of my legal 

career and before I became 

a Judge, I was a sole practitioner. 

I left a firm in White 

Plains in 1987 and I opened 

an office in Carmel with one 

client who followed me from 

White Plains because his case 

was on the trial calendar in 

Carmel. From that start, I 

built a practice, client by client, 

over many years. There 

“One of the greatest joys is 

providing the parties with their day 

in court. A litigant has a story to 

tell and is searching for someone to 

listen. It has been my experience . . . 

that when the parties have had a 

full opportunity to present their 

case, they are more likely to 

accept the outcome.” 

were criminal cases, 

matrimonials, zoning matters, 

contract matters, and virtually 

any type of dispute that people 

could have. I also became involved 

in local politics. As a 

Democrat in Republican dominated 

Putnam, and I was told 

that Custer had a better chance 

at the Little Big Horn, than I had 

of being elected. Still, I was 

elected to the County Legislature. 

One of the reasons I chose 

Carmel for an office was because 

it was close to home, and 

I wanted to be a part of my son’s 

life as he was growing. When I 

opened my office in Carmel my 

son was two years old. When 

he was three or four, I took a 

day off and we went on a 

search for every playground I 

could find. I have a photograph 

of him with a smile I won’t forget 

taken that day on a junglejim. 

A few years later our 

daughter was born, and I took 

advantage of similar opportunities 

as she grew especially as 

she pursued her gymnastics 

activities. The judges I appeared 

before were willing, 

within reason, to schedule matters 

that allowed me to spend 

those times with my children. I 

have always appreciated that 

courtesy and I try to “pay it forward” 

when the situation arises. 

After many years of practicing 

law I aspired to become 

a Judge. I was always taught 

that one had an obligation to 

give back, as a means of making 

the world a better place. My 

practice primarily consisted of 

family law and criminal law. I 

saw the strengths and weaknesses 

of a system designed to 

resolve disputes. The human 

component of the law was 

paramount. I felt that I could 

apply my skills and training in 

ways that could benefit the parties 

before me. There was also 

the intellectual challenge, and 

the recognition that there really 

are (at least) two sides to an 

issue. I always enjoyed the intellectual 

“chess game” that 

resulted in a decision or course 

of action but I could not ignore 

the impact of those decisions 

on the parties I represented. As 

a Judge, I felt I could pursue 

the strengths and weaknesses 

of the arguments advanced by 

both sides, challenge the positions, 

and reach a decision with 

an emphasis on the human fac- 

Hon. Victor G. Grossman 

tor. This combination of experience, 

skills, and challenge, 

led me to seek a judgeship. 

Q: What are your biggest 

challenges, and greatest joys 

on the bench? 

A: As a general matter, one 

of the biggest challenges is 

to know each of the cases on 

my calendar. Knowledge of 

the case and the parties enables 

me to move it forward 

and examine possibilities of 

resolution. It is important to 

the attorneys and the litigants 

that the court has that working 

knowledge. When the 

parties know the judge is familiar 

with their case they will 

be more receptive to a decision 

and more willing to accept 

the outcome. In this respect, 

I have been fortunate 

to sit as an IAS (Individual 

Assignment System) Judge in 

Putnam and Dutchess where 

I could preside over a case 

from start to finish. Still, my 

current year’s caseload of approximately 

400 cases poses 

a challenge, and the morning 

calendar often means 

homework the night before, 


Page 6 


May Litigation Tip 

✦ WE NEEDED CLARIFICATION ON THE BURDEN OF PROOF 

ON SUMMARY JUDGMENT MOTIONS 

In a recent 4-3 split decision, Rodriguez v City of New York, 2018 NY Slip Op 02287 our highest 

court addressed the burden of proof on a plaintiff’s motion seeking summary judgment. Rodriguez 

involved a City sanitation worker who with fellow workers was tasked with outfitting a sanitation 

truck’s tires with chains on a snowy day. Before the chains were applied, a co-worker backed-up 

the truck and it slid, colliding with another vehicle which pinned plaintiff up against a rack of tires. 

The plaintiff suffered spinal injuries, required a fusion and was permanently disabled from work. 

The plaintiff commenced a negligence action against the City and after discovery, moved for partial 

summary judgment against the City pursuant to CPLR 3212. The Defendant City opposed the 

motion and cross moved for summary judgment. Both motions were denied by the trial court. The 

parties appealed and the First Department relied upon Thoma v Ronai, 82 NY2d 736 [1993] holding 

plaintiff was not entitled to summary judgment on liability because he failed to make out a 

prima facie showing of freedom from comparative fault. The Appellate Division granted plaintiff 

leave to appeal. 

The issue simply put is whether a plaintiff must demonstrate the absence of his or her own comparative 

negligence to be entitled to partial summary judgment as to the defendant’s liability? 

The Court of Appeals held this is a question of statutory construction which involves “giving 

effect to the Legislature’s intention.” The CPLR provisions in issue included CPLR 3212 and 

Article 14-A. The Defense argued that on a CPLR 3212 motion the movant must show there is no 

defense to the cause of action and therefore, must eliminate comparative fault. The Court disagreed 

and found that comparative negligence or fault, is not a defense to the cause of action for 

negligence. In other words, it is not a defense to any of the elements of negligence – duty, breach 

and causation. The Court points out CPLR Article 1411 plainly states, comparative fault is not a 

bar to recovery but rather a diminishment of the amount of damages. Read in conjunction with 

CPLR 1412, it is an affirmative defense that applies to damages and is to be pleaded and proved by 

the party asserting the defense. 

Importantly, the Court addressed the Thoma decision finding the appellate departments that have 

interpreted Thoma as explicitly holding that a plaintiff must show an absence of comparative fault 

to obtain partial summary judgment on liability are mistaken. As the Court points out, the Thoma 

court was not called upon to consider the import of Article 14-A. Rather, in Rodriguez, the plaintiff 

relied upon Article 14-A and contended that even if there is a question of fact that exists as to 

comparative fault, that does not preclude plaintiff from obtaining summary judgment on defendant’s 

negligence. The Court agreed and held to obtain partial summary judgment on defendant’s liability, 

the plaintiff does not have to demonstrate the absence of his/her comparative fault. To hold otherwise, 

would flip the burden requiring the plaintiff, instead of the defendant, to prove an absence of 

comparative fault to make out a prima facie case on the issue of defendant’s liability. 

Written by Angela Morcone Giannini, Co-Chair, Litigation Committee 

Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan 


Page 7

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An Interview with Honorable Victor G. Grossman 

from page 6 

or an early morning review. 

There are areas of law with 

which I am less familiar than 

others. These areas pose a 

challenge to learn quickly, 

focus on the issues, and understand 

the arguments in 

order to render prompt and 

proper decisions. For example, 

the intricacies of defamation, 

medical malpractice, 

ancient real estate titles, uninsured 

motorists, evaluating 

damages in personal injury 

matters, tax certiorari, and 

other varied issues have 

crossed my desk over the last 

few years. While I rely on 

counsel’s submissions, I also 

do my own research. 

One of the greatest joys 

is providing the parties with 

their day in court. A litigant 

has a story to tell and is 

searching for someone to listen. 

It has been my experience, 

going back to the days 

I served as an Arbitrator in 

the Small Claims Part of the 

White Plains City Court that 

when the parties have had a 

full opportunity to present their 

case, they are more likely to 

accept the outcome. 

Writing a decision is a 

challenge. Marshalling the 

facts, evidence, issues and 

arguments is often time consuming 

and the luxury of time 

is often lacking. I write my own 

trial decisions often at night 

or on weekends as I am on 

the bench on an almost daily 

basis. The process of drafting, 

editing, revising, and 

correcting is one that does 

not come easily, but it should 

result in a decision that parties 

can follow and understand, 

even if they disagree 

with it. I try to cut through the 

jargon and technical terms in 

order to be understood more 

easily. Mark Twain once said, 

“[t]he difference between the 

right word and the almost right 

word is the difference between 

lightning and a lightning bug.” 

I try to follow that advice as 

there is, for me, an element of 

pride in the finished product. 

Some of my decisions have included 

environmental issues, 

valuation of a substantial family 

held business, custody issues, 

discovery issues, Article 78 proceedings 

and other issues. They 

are too varied to choose a favorite. 

Issues of child custody are 

not only the biggest challenge, 

but also, if done right, they provide 

the greatest joy. The issue 

of custody gives the Judge one 

chance “to get it right.” That 

feeling existed when I was in 

private practice, when I represented 

children, parents, and 

grandparents, and it exists now 

as a Judge. It is a decision not 

made lightly. The long-term effects 

of a wrong decision are 

crushing and painful. There are 

statements made by children in 

camera that may be joyful or 

heartbreaking, such as hearing 

an upset child try to recall 

the last time they laughed at 

something, or the child who 

expresses that a parent does not 

treat him as a member of the 

family. The behavior of the parents 

often makes the custody 

determination more difficult, not 

less difficult. Many years ago, I 

was representing three children 

in a custody dispute. After several 

days of testimony, the 

Judge turned to the attorneys 

for the parents and said to 

them, in substance, “I have 

heard each of you and your 

clients tell me how bad the 

other person is. I have to make 

a decision regarding custody, 

and I would like to know how 

good each of your clients are.” 

It is a simple lesson, but one I 

have never forgotten. It is my 

own impression in the custody 

arena that neither parent is as 

good as they think they are, nor 

are they as bad as the other 

one thinks they are. Moreover, 

it is easier to make a decision, 

or be more forceful in resolving 

a custody issue, if there are 

good things that can be said 

or demonstrated about a parent, 

rather than simply criticizing 

the other parent. There is a 

joy in the right decision because 

the child is generally provided 

with the stability and security to 

grow and thrive. 

Q: How have you balanced 

work and family life throughout 

the years? 

A: Balancing work and family 

life required a constant effort. 

That effort was even greater 

when I was a sole practitioner 

and I had to respond to clients, 

colleagues, and courts on a frequent 

basis. I recall a family vacation 

in Vermont with a message 

waiting for me when I arrived. 

An attorney who knew I 

was leaving on a vacation 

chose to file an Order to Show 

Cause. Fortunately, I was able 

to address the issues from a 

distance as the “emergency” 

could await my return. In the 

areas of family law and criminal 

law phone calls at night and 

on weekends are the unfortunate 

norm. Now, cell phones 

and text messaging can be a 

blessing or a curse. The struggle 

to be exclusively available to 

my family on weekends was 

partially successful as clients’ 

needs and deadlines always 

loomed. 

Over the years I developed 

a solution which many colleagues 

thought was totally 

impractical, if not insane. I 

drew a line through the 

month of August for me and 

my family. August was mine; 

there were no trials and no 

appointments. There was 

coverage for emergencies, 

and I stopped becoming 

upset if I lost a potential client. 

Instead, I spent time with 

my family. We travelled, relaxed, 

watched my kids rock 

climb in Maine, and other 

adventures. I could be 

reached if necessary, but 

with advanced planning, it 

was rarely necessary. I also 

took advantage of three-day 

weekends during the year. 

What seemed insane at the 

beginning made a lot of 

sense. Since taking the 

bench, it is impractical to 

take a month in one block 

but at the same time, I no 

longer have the pressures of 

a sole practitioner and the 

court calendar is more forgiving 

as the demands of the 

day end at 5:00 p.m., not 

10:00 p.m. Holiday visitation 

disputes are resolved in 

the courtroom rather than on 

the Tuesday night before 

Thanksgiving. I no longer 

receive calls about a client 

submitting to a breathalyzer 

on a Sunday morning at 

2:00 a.m. Now, in my free 

time, you are likely to find 

me on a hiking trail. My 

backpack will contain a 

sandwich and my camera. 

Once I am on a hiking trail 

I can relax and focus on my 

destination and the world 

around me. The natural solitude 

is its own reward. In 

those moments when I am 

on the trails, the only laws I 

care about are the laws of 

nature. ◗ 

Page 8 


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WWBA New Members 

The Westchester Women’s Bar Association 

proudly welcomes our newest members: 

TO PROTECT THE PRIVACY OF OUR MEMBERS, 

THIS INFORMATION IS AVAILABLE TO MEMBERS 

OF THE WWBA ONLY. 

Chapter News and Announcements 

WWBA Survey Winner 

Congratulations Judge Eileen Nadelson, the winner of a $50 Visa Gift Card for 

participating in our WWBA Member Survey! We want to send a big thank you to 

everyone who submitted responses to our survey and helped make it a success. ◗ 

2018-2019 

Westchester Women’s Bar Association 

Slate of Officers and Directors 

Pursuant to Article VI and IX of the by-laws of the Westchester 

Women’s Bar Association, voting for the following slate of 

Officers, Directors and State Directors will take place at the 

General Membership Meeting on March 22, 2018. 

 

Become a New 

Member Today 

RENEW YOUR 

WWBA MEMBERSHIP TODAY 

FOR THE PERIOD 

JUNE 1, 2017 TO MAY 31, 2018. 

RENEW NOW! DON’T WAIT! 

WWBA Membership includes 

membership to the Women’s Bar 

Association of the State of New York 

(WBASNY). 

January 31, 2018 is the closing date in 

order to count the WWBA members 

towards our certification to WBASNY and 

assure our number of delegates. 

Renewing before this date will allow our 

Westchester Chapter (WWBA) to continue 

to be a strong presence in our statewide 

organization (WBASNY) while you will 

enjoy its many benefits, events, 

newsletter and CLE programming. 

President 

Kim Berg 

President 

resident-Elect 

Angela Morcone Giannini 

Vice Presidents 

Hon. Lisa M. Smith 

Amanda Fried 

Kristen Motel 

Treasurer 

Natanya L. Briendel 

Recording Secretary 

Sherry Bishko 

Corresponding Secretary 

Elizabeth Marcus 

Chapter Directors 

Susan Edwards Colson 

Lisa M. Denig 

Lonya Gilbert 

Jennifer Gray 

Jacqueline Hattar 

State Directors 

Robin D. Carton 

Lucia Chiocchio 

Deborah Farber-Kaiser 

Marian Genio 

Theresa Girolamo 

Annette Hasapidis 

Susan Mills Richmond 

Jennifer Robinson 

Hélène Côté, Sherry A. Bishko, 

Elisabeth Campos 

It is easy to renew by going to the 

WWBA Website at www.WWBANY.org. 

You can use a credit card or 

PayPal to make payment. 


Page 9

WWBA Schedule of Upcoming Events 

COMMITTEE DATE/TIME PLACE TOPIC RSVP (also online at www.wwbany.org) 

WWBA Annual Dinner 6/6/18 

Cocktails – 5:30 

PM 

Dinner – 7:00 PM 

WWBA Women in 

Professional Transition 

Project 

6/1/18 

1:00 PM 

WWBA Book Club 6/12/18 

6:00 PM 

Mamaroneck Beach and 

Yacht Club 

Mamaroneck, NY 

445 Café 

445 Hamilton Avenue 

White Plains, NY 

(Parking is available in 

the garage next door, 

follow signs for “office 

parking”) 

Linda Markowitz’s 

Home 

White Plains, NY 

Annual Dinner and 

Installation of Officers 

“First Fridays” with the 

WWBA’s Women in 

Professional Transition 

Project 

Book: 

“Red Clocks” by Leni 

Zumas 

Register online at 


No RSVP Necessary 

For more information go to 

www.wwbany.com 

Register online at 


The Westchester Women’s Bar Association 

requests the pleasure of your company at its 

ANNUAL DINNER 

AND INSTALLATION OF OFFICERS 

Our Distinguished Keynote Speaker: 

HONORABLE KATHIE DAVIDSON 

ADMINISTRATIVE JUDGE, NINTH JUDICIAL DISTRICT 

Wednesday, June 6, 2018 

Mamaroneck Beach & Yacht Club, Mamaroneck, New York 

 

We also welcome your ad in our Souvenir Journal: 

Outside Back Cover - $1,000; Inside Back Cover - $600 

Inside Front Cover - $600; Gold Page - $400 

Full Page - $350: Half Page - $200; Quarter Page - $150 

Please contact Andrea B. Friendman, Esq. at andrea@arilaw.com 

You can also place your ad order online at www.wwbany.org 

REMEMBER, YOU CAN FIND THE WBASNY WEB PAGE 

AT WWW.WBASNY.ORG. 

PLEASE REMEMBER TO RECYCLE 

Connect 

with 

us 

THE WWBA MEMBERSHIP PERIOD FOR 

2017-2018 BEGINS ON JUNE 1, 2017. 

PLEASE RENEW YOUR MEMBERSHIP TOD 

ODAY AT 

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.ORG

WWBA May 2018 Newsletter

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