News & Updates....

Installation 2009
Over 150 attended NYSTLA's 2009 Installation of our new president, Richard S. Binko, on June 25th 2009 in Buffalo, NY. Honorable Eugene F. Pigott, Jr. conducted the swearing in and the Mayor of Buffalo, Byron Brown, was the featured speaker.


Incoming NYSTLA president Richard S. Binko is presenting the President's Award to outgoing president Nicholas Papain.


Richard S. Binko is being sworn in by Judge Eugene F. Pigott, Jr.


President-Elect Nicholas Timko and the Mayor of Buffalo, Byron Brown.


Letter to the Editor from NYSTLA President, Nicholas Papain, printed in the New York Times
Re "Malpractice and Health Care Reform" (editorial, June 17):

To the Editor:

The "medical malpractice crisis" is a myth ginned up by lobbyists who represent insurance and health care special interests, with no regard for the consumers who put their faith in medical providers.

Reforms to our liability system must make patients the priority. Patient safety initiatives, as independent studies have shown, are the only proven way to reduce premiums. Guidelines that dictated when a malpractice case could proceed, on the other hand, would pose significant dangers, including reducing the quality of care and imposing unfair obstacles to legitimate legal actions. Nor are caps on damages the answer, as your editorial points out.

A more effective way to improve care, protect victims of malpractice and reduce the burden on doctors would be to hold health maintenance organizations accountable for their negligence and the negligence of their doctors. Americans must have a fair way to get compensation when medical professionals make mistakes, period.

New York, June 17, 2009
Nicholas Papain
The writer is president of the New York State Trial Lawyers Association.

Link to the Letter


NYSTLA Court Victory

NYSTLA is pleased to announce its most recent victory on behalf of the plaintiffs' bar in the New York Court of Appeals in Misicki v. Caradonna, 2009 Slip Op. 3764 (May 12, 2009). David Perecman, Esq. represented plaintiff Igor Misicki, who sustained injuries while using a defective electric grinder/saw at a construction site. Misicki could not properly hold and control the grinder/saw due to a missing handle. Therefore, the grinder/saw kicked back causing the saw's blade to strike Misicki's face, resulting in severe facial lacerations. An action was commenced pursuant to Labor Law 241(6), alleging the owner of the construction site was vicariously liable for its subcontractor's violation of New York State Industrial Code Section 23-9.2(a). NYSTLA Amicus Committee Member Joshua Annenberg, Esq., drafted an amicus curiae brief to the Court of Appeals.

For more information, please click here.

Law Day is a Sweeping Success

1,200 NYSTLA members and 150 members of the state judiciary turned out to join us in honoring Chief Judge Jonathan Lipmann at NYSTLA's 31st annual gala Law Day Dinner at the Hilton New York on May 12, 2009.


NYSTLA President, Nicholas Papain, presents honoree, Chief Judge Jonathan Lippmann, with the 2009 NYSTLA Law Day award


Law Day Dais featuring NYSTLA leaders and prominent jurists



Law Day 2009 Photo Album
 


Most Successful Lobby Day in NYSTLA History

We had the most successful Lobby Day in NYSTLA history, as we set a new attendance record with more than 200 members present in Albany on Tuesday, April 28th.

Our strong presence in the state capitol produced immediate results; a number of legislators expressed their intent to sponsor pro-consumer legislation and others took their names off anti-civil justice bills. This is a critical step in a process that will require our continued efforts and resources.

Thank you to all who participated in the effort to make Lobby Day such a success. Only with the dedication of civil justice advocates, like you, will NYSTLA be able to effectively protect the rights of our clients.


NYSTLA President, Nicholas Papain, Board Member Eleni Coffinas, and Senate Majority Leader Malcolm A. Smith



Casey Lichtman, Past-President Jeffrey A. Lichtman, Immediate Past-President Jeff Korek, and Assemblymember Carl E. Heastie


Jury Diversity Hearing

The Assembly Standing Committees on Judiciary and Codes convened a hearing on Assembly Bill 2374, which proposes to expand and update source lists from which jury pools are created, and to retain demographic data including race, ethnicity, age and sex of people who participate in jury pools. NYSTLA President, Nicholas Papain, testified at this hearing on April 30, 2009.

NYSTLA supports this bill because we are deeply committed to ensuring that jury pools become more diverse and are more representative of the communities from which they are drawn. We believe that having greater jury diversity brings a larger range of different viewpoints and different life experiences into the jury room, some of which might not otherwise be considered. We believe that more views considered the more enlightened the debate and more thoughtful the deliberation in jury rooms, which increases the likelihood of a fair and just verdict.

For More Information


Senator Kirsten Gillibrand Meets with NYSTLA Members

New York's new senator, Kirsten Gillibrand, met with NYSTLA Members and Officers on Thursday, February 19th. Senator Gillibrand discussed her commitment to the Seventh Amendment as well as protecting access to justice for all New Yorkers



NYSTLA President Nick Papain, Senator Kirsten Gillibrand, & NYSTLA Executive Director Lawrence Park


STATE OF THE STATE 2009


President-Elect Richard Binko, President Nicholas Papain, and Senator Neil Breslin, Chair of the Senate Insurance Committee, at NYSTLA's Legislative Reception.

Our annual Legislative session kick-off in Albany on January 7th, 2009, was a powerful demonstration of NYSTLA's dedication to civil justice. For the third year in a row a record-breaking number of NYSTLA members attended the Legislative Reception following Governor Paterson's State of the State Address. Thank you to all who helped make this event a success.


DECISIONS 2008



Our recent DECISIONS seminar series, which was held in a number of venues across New York State, exceeded all expectations. The program attracted the largest number of attendees in recent memory, including a record-setting number for the Westchester program. As in past years, it showcased a prestigious lineup of speakers, with materials that will serve the practitioner well throughout the year. NYSTLI seminars are an excellent mode by which to keep current on a far range of topics pertaining to our practice. Many thanks go to the NYSTLI Deans for their continued leadership and vision.


AAJ President and President-Elect Address NYSTLA Board of Directors Meeting



NYSTLA President Nick Papain, AAJ President-Elect Anthony Tarricone, Past-President Ben Morelli, AAJ President Les Weisbrod, Past-President Lenore Kramer, Past-President and LawPAC Co-Chair David Golomb, and Past-President Martin Edelman at the NYSTLA Board of Directors meeting on Monday, October 6, 2008.


NYSTLA Faces Off Against ATLA-New Jersey in Second Annual Ryder Cup Golf Tournament



Team members Andrew Pillersdorf, David Shearer, John Hochfelder, Robert Sgarlato, Richard Tunick, Richard Kenny, Richard Gurfein (Captain), Paul Shanahan, Michael Madoona, Gary Barbanel, Jeffrey Lisabeth, John Seebold, Howard Sherman, and David Pollack at the Tuxedo Golf Club on August 19, 2008.


LAWPAC Trustees Honor President-Elect Richard Binko at Buffalo Reception



Members of NYSTLA's Buffalo affiliate, local elected officials, members of the judiciary and LAWPAC Trustees gathered for a surprise party for President-Elect Richard Binko at the Albright-Knox Art Gallery on August 7th, 2008. On hand was the Honorable Eugene F. Pigott, Associate Judge of the Court of Appeals, who spoke of Mr. Binko's dedication and service to the civil justice system.

More pictures

 


Legislative Update: Governor Paterson Signs Declaratory Judment - No Prejudice Bill

Governor David Paterson signed the Declaratory Judgment – No Prejudice bill – A11541-S8610 into law on July 21, 2008. This new law will allow a plaintiff to bring a declaratory judgment action directly against an insurer to determine the validity of the insurer's disclaimer of coverage. It will also largely eliminate New York's archaic and unfair "forfeiture rule" and will only allow an insurer to disclaim coverage on the grounds of late notice if it is shown that the insurer has been materially prejudiced by the delay. The new law will take effect one hundred and eighty days after the bill was signed into law by Governor Paterson and will apply to policies issued or delivered in New York State on or after the effective date. The bill was passed by the Legislature as a result of the successful efforts of NYSTLA members who made the case to their elected officials in Albany on Lobby Day in May.


A11541-S8610
 


NYSTLA's Support Memo
 



Installation of Nicholas Papain as NYSTLA's 41st President



More than 450 NYSTLA members, elected officials, and members of the judiciary joined us on Thursday, June 26th, at the Pier 61 Lighthouse in New York City for the installation of this coming year's officers and board of directors. The Honorable Ariel E. Belen administered the oath to our incoming 41st President, Nicholas Papain, of Sullivan Papain Block McGrath & Cannavo, P.C., who formally assumed office on July 1, 2008.