WWBA November 2018 Newsletter

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An Interview with Hon. Mary H. Smith
Susan L. Pollet
Chair of the Archive and
Historian Committee
Q: When did you become a
member of the WWBA and
why?
A: I started going to meetings
in 1985 and membership followed.
Joining the WWBA,
for me, was (and still is) a must
for women attorneys. It provided
information, support,
and important networking contacts.
Through the WWBA I met
lifelong friends and colleagues.
Valued colleagues
today are Judges Joan
Lefkowitz (JSC), Linda S.
Jamieson (JSC), and Terry Jane
Ruderman (JSC and former
President of the White Plains
Bar Association) who were
early members. Without the
benefit of WWBA meetings, I
would never have met some
of my closest friends, Sandra
Forster (Ret. Greenburgh Town
Court Justice and former President
of the White Plains Bar
Association), Judge Ingrid
Braslow (Ret. Family Court
Judge and former President of
the White Plains Bar Association),
and Melinda Bass
(WWBA delegate, strong advocate,
defender of women
attorneys and lifelong feminist,
now deceased). Every single
one of us owes a great debt to
Hon. Sondra M. Miller (Ret.
JSC, Appellate Division, Second
Department and former
President of the WWBA) who
was always there to give advice
and encouragement.
Q: Please tell us about your
career and why you decided
to be a judge?
A: My earlier career path as a
reporter and editor led directly
to my interest in the law. After
college, I worked as a writer
and reporter for a number of
“When I first started as a judge . . .
many of the male trial attorneys had
never appeared before a woman judge
and many of them challenged me in a
way that I felt they would have never
tried with a male judge.”
nationally known magazines. I
traveled throughout the country.
During the 80’s I wrote articles
about women’s struggles,
about the plight of the poor, and
the issues facing the African-
American community. My interest
in social injustice for women
and in civil rights eventually led
me to become a judge.
I enjoyed several exciting
years in journalism, but came
to the point that I felt I needed a
change. I wanted to meet my
own challenges and not just
write about the feats and
struggles of others. I needed to
move forward and law school
beckoned. Despite my friends’
dire warnings, “We have too
many lawyers already,” I entered
Hofstra Law School at 31years
old. I graduated three years later
with high honors and a plan to
specialize in criminal trial work.
An appointment as an Assistant
District Attorney (ADA) to
the Westchester County District
Attorney’s Office was my first
step as a lawyer. I remained an
ADA for 10 years and tried many
cases; I loved it. Since I was one
of the few women trial lawyers
there, many of those cases centered
on sex crimes.
I lived in Yonkers and then
learned there was an open elective
position of Yonkers City
Court Judge. I knew nothing
about local politics, but I
learned. I won the nomination
for Yonkers City Court Judge and
I won the race. My races for
Westchester Women’s Bar Association News
County Court Judge and Supreme
Court Judge were natural
progressions. Each time I
faced the challenge of obtaining
political nomination and of
winning. And each time, I loved
the challenge. I am so grateful
to have attained the position of
Supreme Court Judge, which to
me is the highest honor and
most rewarding position I’ve ever
had. And I credit the WWBA
for helping to pave the way to
these achievements.
Q. What are the most significant
decisions, which you have
rendered as a judge?
A: I will mention a few:
❑ San Marco v Village/Town of
Mount Kisco (16 N.Y.3d 111
[2010]) & Groninger v Village
of Mamaroneck (17 N.Y.3d 125
([2011]): determined motions for
summary judgment regarding
defendant municipalities defenses
of no prior notice defense
❑ Porcari v Gannett (50 A.D.3d
993 [2d Dept 2008]): found that
an Assistant
Corporation Counsel in Yonkers
was not a public figure when he
sued for defamation
❑ Skywest Inc. v Ground Handling
Inc. (150 A.D.3d 922 [2d
Dept 2017]): found that the Airport
Terminal Agreement entered
into between plaintiff and defendant
relieved the defendant
County and its agents of liability
from their own negligence in
“unequivocal terms” and was
enforceable
Hon. Mary H. Smith
❑ Damon v Fortis Benefits Ins.
Co. (2005 WL 3070871): supported
military mechanic in
Iraq to obtain insurance benefits
denied by insurance company
under “act of war” exclusion
Q: What challenges did you
face, if any as a woman lawyer
and judge? Have the
challenges changed over
time?
A: When I first started as a
judge in the early 90’s in Yonkers
City Court, I faced challenges
each day as a result of
the longtime male-oriented
culture of Yonkers lawyers. In
these early days, many of the
male trial attorneys had never
appeared before a woman
judge and many of them challenged
me in a way that I felt
they would have never tried
with a male judge. After I became
a Justice of the Supreme
Court, I noticed that these
moments were more infrequent,
but even now there are
attorneys who will act in a
manner (whether by interrupting,
ignoring, or disobeying
direction) that I suspect is reserved
for the women judges.
Recently, I have noticed a
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