Westchester Women’s Bar Association 0615... · 2015. 9. 2. · Westchester Women’s Bar Association News Page 3 Editor’s Note from page 1 President’s Message NEWSLETTER SUBMISSIONS

Page 1Westchester Women’s Bar Association News

PRESIDENT’SMESSAGE

Over the pasttwo weeks, almosteveryone I spoke withhas asked me aboutmy thoughts onwinding down myterm as WWBAPresident. The firstfew times I was askedthis question, I hesi-tated before I an-swered because I was a little baffled,thinking to myself - has it been a yearalready? The fact that I am having ahard time believing my term is almostover is evidence that I truly enjoyed be-ing WWBA President.

The WWBA’s 40th year was amaz-ing. At the beginning of my term lastsummer, I asked each of the WWBACommittees to coordinate at least oneprogram this year. Well, my request wasanswered with an incredible year of pro-grams and events - about 40 in total.WWBA programming ranged from Ap-pellate Practice, to Networking andBusiness Development, to Health Law& Elder Practice, to Women in the Le-gal Profession, to Cyber Law and Eth-ics, to Estate Planning, to Nazi LootedArt, and to Heart Health Awareness, justto name a few. Thanks to the Trusts &Estates Committee, under the leader-ship of its co-chairs, Gail Boggio,Karen Walsh, Anna Parker and NancyRudolf, the WWBA instituted a mem-bers-only “brown bag” lunch series.These lunches were held in conjunc-tion with the New Lawyers Committee,co-chaired by Lisa M. Denig and Jen-nifer N. Netrosio. The series was an

continued on page 3 ➥

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

n Evening with the U.S.Magistrate Judges inWhite Plains was the topic

of the WWBA’s General Member-ship Meeting on April 14, 2015 atLa Bocca restaurant in White Plains.A packed house welcomed Hon.Paul E. Davidson, Hon. Judith C.McCarthy, and Hon. Lisa MargaretSmith. The program offered a uniqueopportunity to receive hints on fed-eral practice directly from the Magistrate Judges of the Southern District of New York.Program co-sponsors included the White Plains Bar Association and the S.D.N.Y.Chapter of the Federal Bar Association.

It was clear throughout the presentation that each Judge encourages communi-cation and cooperation between the parties. Judge Smith, a WWBA Board member,pointed out that attorneys can be zealous advocates while still fostering communica-tion and cooperation. Each Judge specifically noted that court intervention on pro-cedural matters, such as discovery and location of depositions, should be a lastresort. In fact, the Judges noted that most disputes are the direct result of a lack of

A

WWBAWestchester Women’s Bar Association

WWBAJUNE 2015 www.wwbany.org

news

INSIDE THIS ISSUE SAVE THE DATEJUNE 2015 An Interview with

Lisa M. Denig(page 7)

Pleading the SOLAffirmative Defense(page 8)

Women’s History MonthCelebration(page 9)

WWBA Upcoming Events(page 12)

GOIN’ CAJUNBBQ & BLUESJune 17, 2015

The Bayou RestaurantMount Vernon, New York

IT IS GOOD TO KNOW THE LAW, BUT EVENBETTER TO KNOW THE JUDGE

WWBA ANNUAL DINNERJune 10, 2015

Mamaroneck Beach & Yacht ClubMamaroneck, New York

Lucia Chiocchio

Charlie Gottlieb

continued on page 9 ➥

Donna Frosco, Hon. Lisa Margaret Smith,Hon. Paul E. Davison, Hon. Judith C. McCarthy

LINDA WILEY MEMORIALGOLF AND TENNIS

OUTINGAugust 11, 2015

Knollwood Country ClubWhite Plains, New York

Westchester Women’s Bar Association NewsPage 2

~ 2014/2015~ 2014/2015~ 2014/2015~ 2014/2015~ 2014/2015 Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~Officers and Directors ~

WWBA Member Newsletter

Editor-in-Chief: Jennifer L. Gray • Designed and Printed by IPM Media Group, Inc. (516) 809-0501

JUNE 2015JUNE 2015JUNE 2015JUNE 2015JUNE 2015

Published Monthly by theWestchester Women’s

Bar Association, a Chapter ofthe Women’s Bar Association

of the State of New York

2014-2015 WWBA Committee Chairs

© Copyright 2015 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.

PresidentPresidentPresidentPresidentPresident LUCIA CHIOCCHIOVice PVice PVice PVice PVice Presidentsresidentsresidentsresidentsresidents KIM BERG JOELLE M. BURTON ANN M. McNULTYTTTTTreasurerreasurerreasurerreasurerreasurer ROBIN D. CARTON RRRRRecording Secretaryecording Secretaryecording Secretaryecording Secretaryecording Secretary LISA M. DENIG

Corresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding SecretaryCorresponding Secretary JENNIFER L. GRAY Immediate PImmediate PImmediate PImmediate PImmediate Past Past Past Past Past Presidentresidentresidentresidentresident LISA M. BLUESTEIN

Elected DirectorsElected DirectorsElected DirectorsElected DirectorsElected Directors Westchester BoardGAIL M. BOGGIO SHARI R. GORDON ERIN N. GUVEN

DANIEL M. KOLKO JULIE P. PASSMAN

State DirectorsState DirectorsState DirectorsState DirectorsState Directors Women’s Bar Association of the State of New YorkKATHLEEN DONELLI DOLORES GEBHARDT ANGELA MORCONE GIANNINI

LONYA A. GILBERT JACQUELINE HATTAR JOY S. JOSEPH STEPHANIE MELOWSKYJENNIFER N. NETROSIO ADRIENNE J. ORBACH SUSAN MILLS RICHMOND

Executive DirectorExecutive DirectorExecutive DirectorExecutive DirectorExecutive Director SILVIA GALGANO

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

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

By-Laws .................................................................. Anna L. GeorgiouCorporate & Commercial ............... Lisa M. Bluestein, Marni Rae RobinCriminal Law ....... Kitley S. Covill, Lisa M. Denig, Hon. Sandra A. ForsterFamilies, Children & the Courts ........... Shari R. Gordon, Joy S. Joseph,

Hon. Irene RatnerGrievance/Ethics ...................... Kitley S. Covill, Hon. Janet M. DiFiore,

Erin N. Guven, Deborah A. ScaliseJudicial Screening .............. Loren I. Glassman, Hon. Sandra A. ForsterJudiciary .................. Hon. Delores Brathwaite, Hon. Linda S. JamiesonLawyering & Parenting ....................................... Adrienne J. Arkontaky,

Joelle M. Burton, Jana Kosberg-KleidmanLegislation .......................................... Joelle M. Burton, Lisa M. DenigMatrimonial .................................Dolores Gebhardt, Lonya A. Gilbert

Membership ..................................................... Kim Berg, Helene CoteNetworking ................................... Jennifer L. Gray, Patricia McCluskeyNew Lawyers .................................. Lisa M. Denig, Jennifer N. NetrosioProfessional Development .................... Amy E. Gewirtz, Adam J. Krim,

Stephanie MelowskyPrograms ...................................... Susan D. Edwards, Lonya A. GilbertPublic Relations ............................... Joelle M. Burton, Jennifer L. GrayReal Property ............................ Melanie Finkel, Hon. Sandra A. ForsterSponsorship .................................. Lisa M. Bluestein, Lucia Chiocchio,

Joelle M. BurtonTaxation ....................................................................................... TBDTrusts & Estates ....................................... Gail M. Boggio, Anna Parker,

Nancy J. Rudolph, Karen J. Walsh

Annual Dinner .......... Robin D. Carton, Lisa M. Denig, Jennifer L. Gray,Stephanie Melowsky, Jennifer N. Netrosio

Annual Dinner Souvenir Journal ............................... Amanda C. FriedAppellate Practice ................... Hon. Mark C. Dillon, Daniel M. Kolko,

Hon. Sondra M. Miller, Hon. Robert A. SpolzinoArchive & Historian ...................................................... Susan L. PolletAwards .................................. Elizabeth M. Barnhard, Joelle M. BurtonBankruptcy .................... Susan Mills Richmond, Wendy Marie WeathersBreast Cancer Awareness ......... Patricia McCluskey, Adrienne J. OrbachCollaborative Law ............................ Kathleen Donelli, John J. Grimes,

Lynn J. MaierCommunity Outreach ... Deborah A. Scalise, Hon. Lisa Margaret SmithContinuing Legal Education ..................................... Ann M. McNultyDiversity in Membership ............ Jacqueline Hattar, Stephanie MelowskyDomestic Violence ...................... Natanya L. Briendel, Audrey E. StoneEducation Law ........................ Adrienne J. Arkontaky, Julie P. Passman,

Susan Mills RichmondElder & Health Law ........ Patricia L. Angley, Shari R. Gordon, Mary E. MorrisseyEmployment Law ....................................... Kim Berg, Hillary RaimondiEnvironmental & Land Use .......... Lucia Chiocchio, Anna L. Georgiou,

Katherine ZalantisGender Dynamics ....................................... Hon. Terry Jane RudermanGolf & Tennis Outing ........ Gail M. Boggio, Theresa O’Rourke Nugent,

Susan Mills RichmondHoliday Party ........................... Dolores Gebhardt, Jennifer N. Netrosio

Holiday Party/Crafts ................................................ Dolores GebhardtInsurance ............................................ Joelle M. Burton, Dawn WarrenIntellectual Property .. Elizabeth M. Barnhard, Theresa O’Rourke NugentJudgment Enforcement & Collections ............... Christopher T. Bonante,

Daniel F. Florio, Jr.Litigation ...................... Angela Morcone Giannini, Jacqueline Hattar,

Kimberly SheehanLong Range Planning ............... Lisa M. Bluestein, Carla D. Glassman,

Linda Markowitz, Ann M. McNultyMediation .......................................Geri S. Krauss, Lauren S. Morrissey,

Abby Rosmarin, Jane SilvermanNetwork of Bar Leaders .................................................. Donna FroscoPace Board of Visitors ....................... Gail M. Boggio, Lonya A. GilbertPast Presidents ..................................... Jane Bilus Gould, Mary F. Kelly,

Linda MarkowitzPractice Management ......... Jamieson L. Keiser, Wendy Marie WeathersPro Bono ......................................... Patricia L. Angley, Carol NeiditchTechnology/Website ............. Donna Frosco, Theresa O’Rourke Nugent,

Deborah A. ScaliseWBASNY Convention ................................................................... TBDWCBA Director ......................................................... Lisa M. BluesteinMembers on WCA Board ........................................... Lucia ChiocchioWWBA Foundation President ............................................... Kim BergWBASNY Judicial Screening Committee Delegate ....... Gail M. BoggioWBASNY Mentoring Program Delegate ..................... Mary E. Morrissey

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Page 3Westchester Women’s Bar Association News

Editor’s Notefrom page 1President’s Message ○○

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NEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONSNEWSLETTER SUBMISSIONS

Making Dates and Getting Published

HAPPY 40TH ANNIVERSARHAPPY 40TH ANNIVERSARHAPPY 40TH ANNIVERSARHAPPY 40TH ANNIVERSARHAPPY 40TH ANNIVERSARY TY TY TY TY TO THE WWBA!O THE WWBA!O THE WWBA!O THE WWBA!O THE WWBA!

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

Deadline for all ads is the 12th of the month prior to publication. Ads are subject to space limitations.Call Jennifer L. Gray at (914) 946-4777 for any questions regarding advertising.

Full Page Display Ad5-10 Issues - $525.00 per issue1-4 Issues - $575.00 per issue

Half Page Display Ad5-10 Issues - $275.00 per issue1-4 Issues - $300.00 per issue

Quarter Page Display Ad5-10 Issues - $165.00 per issue1-4 Issues - $180.00 per issue

Business Card Ad5-10 Issues - $60.00 per issue1-4 Issues - $75.00 per issue

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Classified – office space, furniture/equipment, employment & situation wanted (up to 5 lines)Members - $50.00 first issue; $25.00 each succeeding issue; Non-Members - $75.00 per issue

Back Cover (3/4 page)5-10 Issues - $650.00 per issue; 1-4 Issues - $700.00 per issue

excellent opportunity for our new lawyersto learn from our experienced practitioners.Actually, having attended a few meetings,I can say that even some seasoned attor-neys learned a thing or two. These serieswere so successful that other substantiveWWBA Committees started their own brownbag lunch meetings.

My goal as President was to maintainand continue the strength of the WWBA.Our programs did just that by providingvaluable information and insights that helpedattendees become stronger advocates andmembers. This year, WWBA members alsoremained strong contributors to our com-munity through participation in Project Pro-tect (a CLE program to train lawyers for probono representation of immigrant children),providing instructors for CLE programs heldby the Legal Services of the Hudson Valley,volunteering time and experience at thePace Women’s Justice Center for victims ofdomestic violence and elder abuse, teach-ing classes at the Pace New Directions Pro-gram, and participating in Team Orbach’sMaking Strides Against Breast Cancer Walk.The WWBA’s community outreach also in-cluded educating local students about ourlegal system through the ever-popular LawDay event which was held on May 20th.Many thanks to the Hon. Lisa Margaret Smithand Past President Deborah Scalise for host-ing and coordinating this special event forthe students of Yonkers School 23.

One of the most notable accomplish-ments of our 40th year which increasedthe strength of the WWBA was the cre-ation and implementation of the new, fabu-lous WWBA website. This impressive un-dertaking was started under the leadershipof Immediate Past President Lisa M.Bluestein and completed this year due tothe tireless efforts of our Executive Direc-tor, Silvia Galgano. For several months,Silvia remained dedicated to ensuring thatthe new website became a useful asset tothe membership and community. TheWebsite Development Committee, whichincluded Lisa M. Bluestein, Lisa M. Denig,Amanda C. Fried, Donna Frosco and Jen-nifer N. Netrosio, also devoted their timeand ideas to this undertaking, and I sin-cerely appreciate their efforts.

Another example of WWBA strength

~ Jennifer

continued on page 10 ➥

❑ Deadline for newsletter submissions is the 12th of the month prior to publication (submissionsreceived after the deadline are subject to the discretion of the editor).

❑ Send submissions as email attachments to Jennifer Gray.

❑ Articles should be 1,000 words or fewer. Remove all pagination, headers, footers or otherformatting, other than bold, underline or italics. Authors are encouraged to submit photo-graphs for publication with their submissions and include a short biographical statement withtheir submissions.

❑ Materials submitted allow the WWBA a limited copyright and full permission to reprint thematerial in any WWBA publication or on its website without additional consent.

❑ Photographs must be high-resolution (150 dpi or more) and all persons in each photographfully identified. Photographs submitted without identifying their subjects will be rejected.

PROGRAM SCHEDULINGPROGRAM SCHEDULINGPROGRAM SCHEDULINGPROGRAM SCHEDULINGPROGRAM SCHEDULING❑ First visit the WWBA website: www.wwbany.org and click on the calendar at the home page toview scheduled programs. Conflicts in scheduling will be assessed on a case by case basis, withpriority for early submissions.

❑ Contact Lisa Denig to schedule a WWBA sponsored or co-sponsored program, includingcommittee meetings, CLE programs, etc.

❑ Once you have reserved the date with Lisa Denig, proceed with planning your program andcreating your flyer.

❑ Send your flyer* to all contacts listed in the box below. Flyers must be approved by thePrograms Committee. Once approved, the program will be published on the website calendarand in the printed newsletter calendar and an email will be sent to the membership with yourflyer. (*submit far enough in advance of the 12th of the month to allow for review and approval)

❑ We will also consider publicizing programs that may be of interest to our members fromoutside organizations.

❑ Post-event: You may report on the success of your program and provide photographs of thespeakers and participants that can be included in an upcoming newsletter. Send your submis-sion to Jennifer Gray, following the guidelines above.

ContactsContactsContactsContactsContactsJennifer L. Gray, Corresponding Secretary and Newsletter Editor-in-Chief: [email protected]

Lisa M. Denig, Recording Secretary: [email protected] D. Edwards, Programs Committee Chair: [email protected] A. Gilbert, Programs Committee Chair: [email protected]

Lucia Chiocchio, President: [email protected] M. McNulty, CLE Chair: [email protected] Galgano, Executive Director: [email protected]

Westchester Women’s Bar Association NewsPage 4

Is giving through a community foundation right for your clients?

Do you have clients who care deeply about the

community?

Do they give to more than one charitable cause?

Are they interested in creating a family legacy?

Are they considering a family foundation, but have

concerns about cost and administrative complexity?

Would they like to stay personally involved in the

use of their gift dollars?

Do they want to receive maximum tax benefits?

Is sound fiscal management a priority?

I

If you answered yes to any of these questions, your clients should meet us. Contact

Susan Edwards, Esq. at (914) 948-5166 or [email protected]

A division of the New York Community Trust

Southern District of New York AnniversaryCelebration in White Plains

On May 14, 2015, distinguished ju-rists, attorneys, and the general public cel-ebrated the 225th anniversary of the UnitedStates District Court, Southern District of NewYork and the 20th anniversary of the CharlesL. Brieant Courthouse at such courthousein White Plains. The atrium was decoratedwith posters outlining the historical signifi-cance of the Hudson Valley counties to theSouthern District system, while a slide showprovided a pictorial history of the construc-tion of the courthouse.

Lisa M. Bluestein After opening remarks by the Hon.Loretta Preska and Hon. Cathy Seibel, theanniversary celebrants watched a re-en-actment of the trial of John Peter Zenger,listened to the Pipe and Drum Band of thePolice Emerald Society of WestchesterCounty, and enjoyed a reception at whichposters of the Judges of the Southern Dis-trict were displayed. Attendees also re-ceived materials that provided summariesof noteworthy cases that were tried at thecourthouse in White Plains and historicalinformation regarding the Zenger trial. ◗

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With an eye toward providing basicinformation about contract drafting andnegotiations to the newly admitted and theuninitiated, the Corporate & Commercialand New Lawyers Committees sponsored aCLE called “Contract Basics” on April 28th.

Speakers included Lisa M. Bluestein,WWBA Immediate Past President and com-mercial litigation, construction law, andcorporate law attorney, and Hon. EileenN. Nadelson, a former NYC Civil CourtJudge, who is now providing mentoringand document review services(www.judgeforyourself.info). The speakersgave tips and advice on avoiding ambi-guity, tailoring boilerplate language so thatit is relevant and useful for the contract athand, and an overview of particular con-tract clauses.

Although geared for the contract draft-ing novice, some who attended the CLE wereseasoned attorneys. These attorneys cameaway with some “food for thought” and arenewed reflection upon their own draftingtechniques.

WWBA wishes to thank Hudson ValleyBank, its Diamond Sponsor, for hosting theCLE program. ◗

Donna Frosco, Lucia Chiocchio,Lisa M. Bluestein

Pipe and Drum Band of the Police EmeraldSociety of Westchester County

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Lisa M. Bluestein

Contract Basics CLE

Page 5Westchester Women’s Bar Association News

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WESTCHESTER WOMEN’S BAR ASSOCIATION

WWBAWWBA

Westchester Women’s Bar Association NewsPage 6

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Legal Services of the HudsonValley Law Day RecapPatricia Angley and Carol Neiditch

Barbara Finkelstein,CEO LSHV, ChiefJudge JonathanLippman, Pro BonoScholars: ArthurMuller, JonathanAlvarez, SusanPapacostas, LeighEllis, Kristin Motel,and Pace Law SchoolDean David Yassky

On April 29th, Legal Services of the Hudson Valley (LSHV)hosted a Law Day reception in honor of the seven Pro BonoScholars from Pace Law School. Pro Bono Scholars are lawstudents in their third year who undergo a rigorous selectionprocess to earn that title. If chosen, they are permitted to take theBar exam in February and then perform 500 hours of pro bonowork at a supervising agency, instead of taking classes duringtheir last semester. In addition to their pro bono work, they at-tend a weekly scholars’ seminar at the law school. Chief JudgeLippman introduced the scholars and presented them with a cer-tificate of accomplishment. He announced to the more than 70attendees that all seven Pace Pro Bono Scholars passed the re-cent bar exam - the highest percentage in the State! Kudos to thescholars, especially Susan Papacostas and Leigh Ellis, who arefinishing their internship at LSHV. ◗

▲

Page 7Westchester Women’s Bar Association News

An Interview with Lisa M. Denig

Q: You are involved in somany aspects of the WWBA.Tell us about how you firstbecame involved in the or-ganization, and your variouscontributions over the years.A: I was first introduced tothe WWBA when I applied forand was chosen to receive theHon. Sondra Miller Scholar-ship, given annually by theWWBA Foundation to a PaceLaw student. When I cameto the dinner to accept theaward, I was struck by thecollegial feeling that membersof the WWBA had and I waswarmly welcomed by JaneBilus-Gould, then the direc-tor of the Foundation. I knewthat I wanted to be an activemember of this organizationthat seemed to revel in theachievements of their mem-bers and energetically sup-ported all women in the legalprofession.

Q: Your career path hasbeen an interesting one.Describe your professionalexperiences prior to becom-ing a lawyer, and whatprompted you to attend lawschool later in life.A: I always knew that I wouldbe a lawyer from the momentI read “To Kill a Mockingbird”in the sixth grade. However,I had some other pursuits thatI had to conquer first, specifi-cally working in the theater asa dancer. I began studyingdance at the age of four andattended the High School forthe Performing Arts in Pitts-burgh, where I grew up. Af-ter graduation, I moved toNew York City – a place I had

titled to respect and dignitywhen they enter a courtroom.Often we forget that being alawyer is a noble profession,and Judge Smith epitomizes thisidea, treating pro se litigantsand lawyers with respect andexpecting them to do the same.When my clerkship was over, Imoved to the WestchesterCounty District Attorney’s Of-fice, where I work in the Ap-peals and Special LitigationDivision. I am eternally grate-ful to District Attorney JanetDiFiore for bringing me into thisvery special office. I love writ-ing appeals and I have beenlucky enough to argue severaltimes in front of the Second Cir-cuit.

Q: All who know you recog-nize that you are a powerhouse of energy and commit-ment. Tell us about your com-munity involvements, and yoursecond “job” as a spin instruc-tor!A: Besides my position on theBoard of the WWBA, I currentlyserve as the President of Habi-tat for Humanity of PutnamCounty. Habitat is a group thatis near and dear to my heart,as I believe strongly in “gettingyour hands dirty” to help thosein your community who need itmost. I also run the Children’sProgram and teach SundaySchool at my church, volunteerwith the food pantry at thePutnam Community Action Pro-gram, and occasionally per-

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Susan L. PolletChair of the Archive andHistorian CommitteeADA, Westchester CountyDistrict Attorney’s Office

never been and where I did notknow a soul – to pursue a ca-reer in the theater. After a suc-cessful career as a dancer,where I was able to perform inproductions that toured all overthe United States, I got marriedand started a family. I stayedhome for several years to raisemy children, but used this timeto earn my bachelor’s degreein political science from VassarCollege. When my youngestdaughter entered school fulltime, I went to work as the Com-munications Director for a StateSenator and then was recruitedto be the Chief of Staff for thePutnam County Executive. Itwas during my stint as Chief ofStaff that I attended law schoolat night. That was a crazy time!Working all day in a very stress-ful position, racing to attend lawschool classes at night, andraising my two teenage daugh-ters as a single parent. I havenever been so proud as when Iwalked across that stage at Paceto accept my diploma.

Q: What have been your pro-fessional experiences sincegraduating law school?A: After graduation, I was for-tunate to work as a law clerkfor the Honorable Lisa Marga-ret Smith, U.S.M.J., in the fed-eral court in White Plains.Judge Smith was an incrediblementor to me, not only teach-ing me how to write well butalso showing me, through herexample, that everyone is en-

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“I believe strongly in ‘gettingyour hands dirty’ to helpthose in your community

who need it most.”

Lisa M. Denig

form with the Brewster TheaterGroup. My latest passion isteaching spin classes at theNew York Sports Club. I teachfive spin classes a week, someas early as 5:45 AM. I lovehelping people get into shapeand starting them off on theirday with a good sweat and aburst of energy. And I don’teven drink coffee!

Q. You have a wonderfulfamily whom you are dedi-cated to as well. Tell us aboutthem.A: I have two lovely daugh-ters, the youngest of which justgraduated from the School ofVisual Arts and is working asa graphic designer for Inte-rior Design magazine. Myolder daughter is working inthe wine industry and study-ing for her Master’s Degreein Italian. It was very impor-tant to me, after my divorce,to show my girls that you can-not let life’s unexpected road-blocks detour you from yourgoals. My kids knew that Ialways talked of going to lawschool so I was determinedto show them that, eventhough it was not how Iplanned it, I would get my law

continued on page 11 ➥

Westchester Women’s Bar Association NewsPage 8

June Litigation Tip

Proper pleading of an affirmative defense was addressed in Scholastic Inc. v. Pace PlumbingCorp., Docket No. 1155155/08 (1st Dep’t, April 28, 2015). Scholastic involved a propertydamage claim due to a water pipe break. Plaintiff sued on the grounds of negligence andbreach of contract. Defendant pled a statute of limitations defense (hereinafter SOL),among others, and moved for summary judgment arguing the claim was time barred. Thelower court granted defendant’s motion on the merits and plaintiff appealed. However,the Appellate Court reversed holding that the defendant failed to properly plead the SOLdefense because it was included in a boilerplate, catch-all paragraph of defenses whichdid not provide the plaintiff with the requisite notice to engage in targeted discovery onthe SOL defense.

The First Department recognized, “A party cannot employ a catch-all provision in anattempt to preserve any and all potential defenses/objections for future use without af-fording notice to the opposing party. Moreover, neither plaintiff nor the court ought to berequired to sift through a boilerplate list of defenses, or be compelled to wade through amass of verbiage and superfluous matter to divine which defenses might apply to thecase…Even a permissive hypothetical pleading does not extend so far as to authorize adefendant to plead each and every affirmative defense that might exist without regard toits relevance to the cause(s) of action presented by the complaint.” Scholastic, supra (inter-nal citations omitted).

It is not often that an Appellate Court suggests the Court of Appeals consider an issue,but Scholastic calls into question the longstanding decision of Immediate v. St. John’s QueensHosp., 48 N.Y.2d 671 (1979). Immediate held a SOL defense does not require identificationof the statutory section relied on or the specific applicable period of limitations. The FirstDepartment however, finds the Immediate decision lacks clarity having no rationale orcited authority. Moreover, such pleading ignores the model SOL defense embodied inOfficial Form 17 and CPLR 3013. CPLR 3013 requires a defendant’s pleading to suffi-ciently give plaintiff notice of the “material elements” of the defense.

The Court reminds us that since defendant bears the burden of pleading and proving itsaffirmative defenses, it is more sensible to require defendants to plead the statute of limita-tions with as much particularity as in Official Form 17, especially where there are multiplecauses of action and the accrual date is absent from the face of the complaint or the bodyof the answer.

✦✦✦✦✦ TOPIC: PLEADING THE STATUTE OF LIMITATIONSAFFIRMATIVE DEFENSE

Written by Angela Morcone Giannini, Co-Chair, Litigation CommitteeOther Co-Chairs: Jacqueline Hattar & Kimberly Sheehan

Page 9Westchester Women’s Bar Association News

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communication between theparties, which can leave anunfavorable impression with theJudges.

A common problem expe-rienced by all three Judges wasa lack of communication andcooperation related to discov-ery demands, which may in-clude tens of thousands ofdocuments. The Judges rec-ommended that the principalattorney should appear for dis-covery conferences to ensureall decisions can be made dur-ing the court appearance.

Along these lines, theJudges encourage settlementdiscussions in each case,which may include settlementconferences in chambers orcourt annexed mediation. TheJudges stressed having clientsavailable for all settlement dis-cussions so decisions can bemade on the spot.

Lastly, and an importantreminder to those who prac-tice in the S.D.N.Y., eachJudge reiterated S.D.N.Y.policy that the Court will “bend

standable form and without le-galese. In fact, this suggestionwas made for all cases andnot just those with pro se liti-gants.

The program was incred-ibly informative and useful toall practicing attorneys, notjust those practicing in Fed-eral Court.

In addition to obtainingconstructive informationabout appearing before theMagistrate Judges, theWWBA members in atten-dance conducted importantbusiness by casting their voteson the slate of officers for2015-2016.

Thank you to WWBA Pro-gram Committee co-chairsLonya A. Gilbert and SusanEdwards and thank you toDonna Frosco, WBASNY Im-mediate Past President, fororganizing this great event.Thanks also to DoloresGebhardt, President of theWhite Plains Bar Associationand Olivera Medenica, Presi-dent of the S.D.N.Y. Chapter ofthe Federal Bar Association. ◗

It Is Good to Know the Law, But Even Better to Know the Judgefrom page 1 ○

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The Ninth Judicial District Committeeto Promote Gender Fairness in the Courtsrecognized the winners of its Annual HighSchool Essay Contest at a breakfast heldon May 1, 2015 in celebration of Women’sHistory Month. Court of Claims Judge TerryJane Ruderman, Chair of the committee,presented the awards. The generosity ofvarious professional organizations and barassociations, including the WestchesterWomen’s Bar Association and theWestchester Women’s Bar Foundation, en-abled the committee to award cash prizesto the students.

In the freshman/sophomore category,Yurong Zhang, from The Master’s School,won first prize and Ethan Z. McCulloughfrom Spring Valley High School won sec-

PPPPPresident:resident:resident:resident:resident: Andrea F. Composto (Brooklyn)PPPPPresident Elect:resident Elect:resident Elect:resident Elect:resident Elect: Jacqueline P. Flug (Bronx)Vice Presidents:Vice Presidents:Vice Presidents:Vice Presidents:Vice Presidents: Greta K. Kolcon (GRAWA), Amy BaldwinLittman (Rockland) and Amy Saltzman (New York)TTTTTreasurer:reasurer:reasurer:reasurer:reasurer: Leyla A. Kiosse (Capital)RRRRRecording Secretary:ecording Secretary:ecording Secretary:ecording Secretary:ecording Secretary: Anne Joynt (Western)Corresponding Secretary:Corresponding Secretary:Corresponding Secretary:Corresponding Secretary:Corresponding Secretary: Dierdre L. Hay (Finger Lakes)

PPPPPresident:resident:resident:resident:resident: Robin D. CartonVice Presidents:Vice Presidents:Vice Presidents:Vice Presidents:Vice Presidents: Kim Berg, Joelle M. BurtonAnn M. McNultyTTTTTreasurer:reasurer:reasurer:reasurer:reasurer: Amanda C. FriedCorresponding Secretary:Corresponding Secretary:Corresponding Secretary:Corresponding Secretary:Corresponding Secretary: Lisa M. DenigRRRRRecording Secretary:ecording Secretary:ecording Secretary:ecording Secretary:ecording Secretary: Jennifer N. Netrosio

State Directors:State Directors:State Directors:State Directors:State Directors: Angela Morcone Giannini, Lonya A.Gilbert, Theresa Girolamo, Jacqueline Hattar, Jamieson L.Keiser, Patricia McCluskey, Stephanie Melowsky, JenniferN. Netrosio, Adrienne J. Orbach, Susan Mills RichmondElected Directors:Elected Directors:Elected Directors:Elected Directors:Elected Directors: Gail M. Boggio, Hélène Côté, AmyGewirtz-McGahan, Shari R. Gordon, Daniel M. Kolko

WBASNY Officers ~WBASNY Officers ~WBASNY Officers ~WBASNY Officers ~WBASNY Officers ~

2015-2016 WWBA Officers ~2015-2016 WWBA Officers ~2015-2016 WWBA Officers ~2015-2016 WWBA Officers ~2015-2016 WWBA Officers ~

over backwards” for pro se liti-gants. The Judges advised at-torneys to be patient with prose litigants because harsh le-gal tactics against pro se liti-

gants is frowned upon. Mostimportantly, all attorneysdrafting documents in casesinvolving a pro se litigantmust be prepared in an under-

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Gender Fairness Committee Celebrates Women’s History MonthSuzy I. Hickson, Law Clerk toHon. Terry Jane Ruderman

ond prize. In the junior/senior category,Valerie Cimino from Maria Regina HighSchool won first prize and Jonah Pfeifer fromYonkers High School won second prize. Theessay topic was: “Several large, nationalcompanies recently offered female employ-ees a benefit that would mean that they couldput off having children and taking mater-nity leave to focus on their careers. Do youthink this is fair? Does this promote or hindergender equality?”

The students read their essays to themore than 60 assembled guests. Those inattendance included Justice of the Appel-late Division, Second Department, JeffreyCohen; State Supreme Court JusticesLawrence Ecker, Paul Marx, Mary Smith andCharles Wood; and former AdministrativeJudge of the Ninth Judicial District Francis

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Hon. Jeffrey Cohen, Hon. Terry JaneRuderman, Robin D. Carton, Lucia Chiocchio

Valerie Cimino, Hon. Terry Jane Ruderman,Ethan Z. McCullough, Jonah Pfeifer continued on page 11 ➥

Westchester Women’s Bar Association NewsPage 10

Chapter News and Announcements

Announcements & Notes on Members❑ Hon. Eileen NHon. Eileen NHon. Eileen NHon. Eileen NHon. Eileen N. Nadelson. Nadelson. Nadelson. Nadelson. Nadelson, retired judge, launched a service to the bar thatendeavors to prepare attorneys for hearings and oral arguments by providing feedbackand a judicial perspective to the attorney’s argument. Her website can be found atwww.judgeforyourself.info.

❑ Natanya L. BriendelNatanya L. BriendelNatanya L. BriendelNatanya L. BriendelNatanya L. Briendel is the recipient of the Most Socially Conscious Above the BarAward. The Above the Bar Awards program is a countywide awards program recog-nizing outstanding Westchester attorneys.

❑ LLLLLucia Chiocchioucia Chiocchioucia Chiocchioucia Chiocchioucia Chiocchio, WWBA President, wrote an article entitled “800-Year-Old Prin-ciple Is Still Relevant to Women,” about the relevance of the Magna Carta to women.The article appeared in the New York Law Journal's Law Day Issue, dated May 1, 2015,Page S6.

❑ Lisa M. DenigLisa M. DenigLisa M. DenigLisa M. DenigLisa M. Denig, WWBA Recording Secretary, is the recipient of the WBASNY RisingStar Award. ◗

Become a NewMember Today

The advantages of joining the

Westchester Women’s Bar Association are

countless. We were founded in 1974, and

are dedicated to promoting justice in the

study, practice and application of law. Our

diverse membership includes women and

men who are attorneys, judges, law pro-

fessors, public officials and public employ-

ees.

When you join the Westchester

Women’s Bar Association, you automati-

cally become a member of the Women’s

Bar Association of the State of New York

(WBASNY), at no additional cost. WBASNY

is comprised of eighteen chapters across

the state with more than 4,000 members.

More professional and personal benefits

include:

Invaluable networking opportunities

Unlimited information resources

CLE programs

Seminars and lectures ontimely legal issues

Attorney support systems

Legal advocacy on significant issues

Participation in various anddiverse committees

Involvement in the WestchesterCounty judicial process

Programs for new members andnewly admitted attorneys

Membership directorycross-referenced by practice area

Information on professional opportunities

Friendship and fun

To join immediately or for moreinformation, e-mail

[email protected], or visitour website at www.wwbany.org. ◆

Classifieds❑ Convenient to Courts and all major highways, White Plains law firm on BloomingdaleRoad has two windowed offices and two interior offices with three secretarial baysavailable commencing May 1, 2015. Receptionist, telephone lines, conference room,kitchen and free parking also available. Call Ken 914-683-0090 or Kim 914-397-1050.

❑ Midsized White Plains Law Firm seeks New York admitted attorney. Candidatesneed only apply who have 2 - 5 years experience in Will and Trust drafting, EstateAdministration, Guardianships, Real Estate and Business and Corporate Law; transac-tional and/or litigation experience preferred. Applicant must reside in WestchesterCounty and have a high class ranking. Please send law school and college tran-scripts with class ranking as well as resume and a writing sample (Pleading, Motion orAppeal) to email: [email protected]. ◗○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

President’s Messagefrom page 3

from this past year comes from the Past Presidents. To commemorate the WWBA’s 40thAnniversary, the Past Presidents established a scholarship for the Pace Law School NewDirections for Attorneys program. This program is designed to provide lawyers re-entering the legal marketplace with knowledge of substantive law, professional legalskills, and practical legal experience. The WWBA is proud to supplement its continuedsupport of this important program.

The WWBA’s strength is derived from its members and leadership. I was fortunatethis year to have the support of a strong group of officers – Recording Secretary Lisa M.Denig, Corresponding Secretary Jennifer L. Gray, Treasurer Robin D. Carton; VicePresidents, Kim Berg, Joelle M. Burton and Ann M. McNulty. And I would be remiss ifI did not mention the fantastic support of Patricia McCluskey, who pitched in as Corre-sponding Secretary while Jennifer Gray was on maternity leave. Throughout this pastyear, the WWBA Board showed me time and time again how and why the WWBA isstronger than ever as we celebrate our 40th year.

I owe thanks to my Executive Board and Officers, Kim Berg, Lisa Bluestein, GailBoggio, Joelle Burton, Robin Carton, Lisa Denig, Kathleen Donelli, Donna Frosco,Dolores Gebhardt , Lonya Gilbert, Jennifer Gray, Ann McNulty, Deborah Scalise, andthe Hon. Lisa Margaret Smith. Their support, advice and friendship were indispens-

continued on next page ➥

Page 11Westchester Women’s Bar Association News

The Westchester Women’s Bar Association proudly welcomes our newest members:

Westchester Women’s Bar Association New Members

An Interview with Lisa M. Denig

degree. It was immensely dif-ficult on all of us - they bothlearned at a young age howto heat up chicken nuggetsand do their own laundry! Butthey often tell me that theycould not find a better rolemodel and they are so proudto have a mother who illus-trated in her own life what onedetermined woman canachieve. Even better, I nowget to share my accomplish-ments with my new husband,Jim Carpiniello, who not onlysupports me in my many en-deavors but actively partici-pates. When I needed some-one to dress up as Moses formy Sunday School lesson onthe Ten Commandments, Jim

from page 7 graciously donned the longgrey beard and robe! I amblessed to have a partner whowillingly goes along with all mywild ideas.

Q: What do you hope toachieve going forward in yourprofessional life?A: Right now, I am working atbeing the very best appellatewriter and arguer that I can be. Ienjoy arguing in front of the Sec-ond Circuit and I would be thrilledto argue in front of the SupremeCourt one day – although I’msure my office would not want tobe involved in a case that wentthat far!

Q: What direction would youlike to see the WWBA take asan organization?

A: I would like to see theWWBA take on a greater rolein the area of community ser-vice. We have a tremendouslygenerous group and I know, ifgiven the opportunity, that ourmembers would come forwardto help with projects such asworking on a Habitat site orvolunteering as a group at afood pantry. Our memberswork hard to provide supportand services for women in thelegal community but I know thatmany of them have mentionedhow they would like to expandtheir service by giving back inthese type of areas.

Q: What advice do you havefor women who want to switchcareers, as you did?A: Just do it! Ignore the

naysayers, close your eyes tothe roadblocks and focus onyour goal. Do as much asyou can in any one day andthen go to sleep and get upand do it all over again. Therewere so many reasons why Ishould NOT have gone to lawschool – money, family, work– but I was undeterred. Thiswas my dream and I was go-ing to make it happen. Believeme, it was a circus for thosefour years but I wouldn’tchange a thing. I love my joband the work that I do; I sim-ply couldn’t be happier. Andwhen I face a situation thatseems a bit daunting, I lookback at what I’ve already ac-complished and suddenly, theproblem facing me seems awhole lot easier! ◗

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able contributors to the WWBA’s strong, successful year.Needless to say, a strong organization needs a stable foundation. Thankfully, the WWBA has

Silvia Galgano, our Executive Director, whose hard work and dedication to the WWBA ensure thatour foundation remains solid.

I am very excited about the future of the WWBA and I am confident that it will continue tostrengthen under the leadership of Robin D. Carton. Robin is an effective and compassionateadvocate. Her commitment to the WWBA is evident from her service as Vice-President, Treasurer,and Co-Chair of the Awards Committee as well as her service to the WWBA Foundation asTreasurer and Board member. Her skills as a mediator and her legal acumen will surely advancethe WWBA mission and launch our organization to our next 40 years and beyond.

I will cherish my experience this past year as WWBA President and I am certain that when Ireflect on this period of my life, I will remember it as one of the most rewarding experiences of mylife. I am sincerely grateful for this opportunity to serve as WWBA President and look forward tomany more years of WWBA service and many more WWBA anniversary celebrations.

Happy 40th Anniversary! ◗

Nicolai. Also in attendance wererepresentatives of various pro-fessional organizations and barassociations including PresidentLucia Chiocchio and President-Elect Robin D. Carton from theWestchester Women’s Bar As-sociation.

The committee anticipatesthat this contest and awardsbreakfast will become an an-nual event, and expect evengreater district participation inthe future. ◗

President’s Messagefrom previous page

Women’sHistory Monthfrom page 9

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TO PROTECT THE PRIVACY OF OUR MEMBERS,THIS INFORMATION IS AVAILABLE TO MEMBERS OF THE WWBA ONLY.

REMEMBER, YOU CAN FIND THE WBASNY WEB PAGEAT WWW.WBASNY.ORG.

PLEASE REMEMBER TO RECYCLE

Connectwithus

WWBA Schedule of Upcoming EventsCOMMITTEE DATE/TIME PLACE TOPIC RSVP (also online at www.wwbany.org)

THE WWBA MEMBERSHIP PERIOD ISTHE WWBA MEMBERSHIP PERIOD ISTHE WWBA MEMBERSHIP PERIOD ISTHE WWBA MEMBERSHIP PERIOD ISTHE WWBA MEMBERSHIP PERIOD ISJUNE 1 THROUGH MAJUNE 1 THROUGH MAJUNE 1 THROUGH MAJUNE 1 THROUGH MAJUNE 1 THROUGH MAY 31.Y 31.Y 31.Y 31.Y 31.

RENEWALS FOR 2015-16 ARE DUERENEWALS FOR 2015-16 ARE DUERENEWALS FOR 2015-16 ARE DUERENEWALS FOR 2015-16 ARE DUERENEWALS FOR 2015-16 ARE DUEJUNE 1, 2015JUNE 1, 2015JUNE 1, 2015JUNE 1, 2015JUNE 1, 2015

Unless otherwise indicated, events are for WWBA members and invited guests only.The opinions expressed by any program presenter are the presenter’s own, and do not reflect

the official position of the WWBA.

WWBA is a chapter of WBASNY which is an approved provider of CLE credit. Full and partial scholarships for CLE programs basedon financial need are available. For information on the guidelines and procedures for applying, please contact the person running

the program. All requests are strictly confidential. All programs are for transitional credit unless the program states otherwise.

WWBA 6/10/15 5:30-10:00 pm

Mamaroneck Beach and Yacht Club Mamaroneck, NY

WWBA Installation of Officers and 40th Anniversary Dinner

[email protected]

Diversity Committee 6/17/15 5:30-8:30 pm

The Bayou Restaurant 580 Gramatan Ave. Mount Vernon, NY

Goin’ Cajun BBQ and Blues Networking Event

[email protected]

WWBA 8/11/15 Knollwood Country Club White Plains, New York

Linda Wiley Memorial Golf & Tennis Outing

[email protected]

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