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of New York

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EDUCATION, DIVERSITY and Justice for All




Welcome to DANY

DANY has served New York's Civil Defense Bar and legal community since 1965, bringing together attorneys and qualified non attorneys in the state of New York who devote substantial professional time to the handling of litigated cases primarily for the defense.  

DANY By-Laws:  Available on this website via the Members-Only / Premium Content page

To Join DANY:  Click Here:  Membership Application

One year of free membership for attorneys / law firms in the Third and Fourth Departments!

Learn more about DANY 


Current DANY Events:  

Op Ed in the December 4, 2023 Edition of the Albany Times Union - President, Thomas E. Liptak, and Board Chair, Claire Rush, Ask Governor Hochul to Veto Grieving Families Act

Wrongful death bill would cause legal and economic turmoil

Before the year ends, Gov. Kathy Hochul faces a decision with far-reaching implications. A bill passed by both houses of the Legislature would recklessly broaden the scope of liability in wrongful death lawsuits. It represents a seismic change that extends beyond the standard practices of other states. As written, the bill could have severe repercussions for our state's economy, our health care systems and our bedrock legal principles.

The ramifications are too significant to ignore: Gov. Hochul vetoed similar legislation earlier this year. She should veto this bill, too.

Despite some minor changes, the latest version of the bill continues to suffer from the same critical flaws that led Gov. Hochul to reject the previous proposal. Although lawmakers claim there will be no fiscal impact on the public or private sectors, medical professionals, small businesses and local governments warn that the bill will set off a cost crisis. Likewise, the Legislature insists that the proposed legislation would bring New York in line with 47 other states. This representation ignores that the bill under consideration is vastly more expansive than similar laws anywhere else.

An analysis by Milliman Inc., an internationally respected data analytics firm, forecasts significant increases in insurance costs across all sectors, from critical government services to health care providers to individual car insurance premiums. This economic burden will be shouldered by every New Yorker.

Under this bill, courts and juries will be left to interpret abstract concepts without clear guidelines to fairly assess and distribute damages. Such vagueness risks creating a system where awards are arbitrary and inconsistent. This ambiguity would not only undermine the fairness of the legal process but also would add to the already-substantial backlog in our courts.

What’s more, the retroactive application of the law as proposed in the bill will subvert long-standing legal principles and lead to a flood of appeals, creating chaos in the judicial system.

Perhaps most critically, any subsequent amendments aimed at mitigating its unintended consequences may be unconstitutional. Article I, Section 16 of the state constitution safeguards the right to recover damages for injuries resulting in death. Any post-enactment amendments could set off a constitutional crisis, making it imperative to get the legislation right the first time.

In its current form, this bill undermines the principles of fairness and due process in our legal system. While the intent to modernize the law is commendable, the method proposed here is deeply flawed. As such, we urge Gov. Hochul to veto this bill.

It's crucial that we take a more balanced approach, one that considers all stakeholders and the long-term implications. We cannot afford to make a hasty decision that will have devastating and potentially irreversible consequences.


Thomas E. Liptak is president of the Defense Association of New York. Claire F. Rush is chair of the Board of Directors.


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***  Thanks for attending  ***

The Defense Association of New York

cordially invites you to attend the

2023 FALL AWARDS AND
PAST PRESIDENTS CELEBRATION

ON

Thursday, November 9, 2023

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Honoring

THE HONORABLE GERALD LEBOVITS

Supreme Court, New York County

Presented with the Defense Association of New York

                         Judicial and Academic Excellence Award

and

TIMOTHY CAPOWSKI, ESQ.

Kahana Feld LLP

Presented with the Defense Association of New York

                             John J. Moore Writing Award

and additionally

The Past Presidents of DANY

Location: TheView at Battery Park - 1 Battery Place, New York, NY 10004

6:00 p.m. - 10:00 p.m.  -  Elegant Cocktail Dinner Party
                                    with Hors D’oeuvres and Entrée Stations

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DANY CLE:  October 3, 2023 at 5:30 p.m.  -  one evening, two courses:

Cybersecurity for Lawyers  -  Yes, You are a Target

1.0 CLE Credit Hours:  Cybersecurity, Privacy and Data Protection – General

Data Protection for Lawyers  -  You Owe It to Your Client

1.0   CLE Credit Hours:  Cybersecurity, Privacy and Data Protection – Ethics

  Sponsor:  Core BTS – An NRI Group Company

                                    Click on “Core BTS” above, to learn about its cybersecurity products and services

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September 27, 2023

Bench and Bar Bash Registration


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DEFENSE ASSOCIATION OF NEW YORK

In collaboration with the Bronx County Bar Association

CLE & Yankees Game

Blue Jays v. Yankees

September 21, 2023

Defense Association of New York (“DANY”) has been granted CLE accreditation by the New York Office of Court Administration, and will provide the following program:

“Closing Cases Through Inter-Company Arbitration”

1 Hour CLE - 1.0 Credit will be granted in Skills

Appropriate for both experienced and newly admitted attorneys

Presenter:  Andrea Alonso, Esq. - Partner at Morris Duffy Alonso & Faley

5:15 p.m.  - 1 hour CLE at Supreme Court, Bronx County - 851 Grand Concourse- Room 600, Bronx, NY.   Food and beverage will be provided at the conclusion of the CLE.

7:05 p.m.  – Toronto Blue Jays v. New York Yankees - Seats in sections 228, Row 8, 9 & 10.

DANY & BCBA Members - $85.00

Non-Members - $95.00

Sponsored by: Orange Bank & Trust Company

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Annual Golf, Tennis & Beach Outing  -  July 24, 2023

Golf & Tennis:  Inwood Country Club, Inwood, NY
                                   Past Host of the US Open and PGA Championship

Beach Day:  Inwood Beach Club, on the ocean, Atlantic Beach, NY

Evening Reception for All Guests:  Inwood Country Club, Inwood, NY

Registration Details FYI:  Click Here

DANY was pleased to offer this sequel to our greatly enjoyed July 2022 and October 2021 golf outings, now with some nice non-golfer options too.  We welcomed back tennis players to engage in a casual play format.  Beach lovers enjoyed a day at Inwood CC’s beach club in Atlantic Beach, including access to its swimming pool and the Atlantic Ocean.  Tennis players had the option to enjoy this beach club as well.  Golfers spent their day on the historic Inwood CC course that was entertaining as ever, with the club celebrating the 100th anniversary of the Bobby Jones U.S. Open victory there.  A barbecue lunch was offered to golf and tennis players.  And, many guests enjoyed a pre-activity breakfast, as well as evening cocktail and dinner receptions, in very pleasant settings and with quite reasonable pricing.  Photos of the July 2023 outing will be provided here soon, and see the numerous LinkedIn posts --  it was a great time!  See also the link below for other past outing images.

Click Here:  Images from Inwood CC and the 2022 and 2021 DANY outings there







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Thank you for participating in the dany 5k Run to 2023!


VIRTUAL 5K RUN TO 2023


Due to all of the generous efforts of the participants and sponsors, we were able to raise $1,200 to donate to the Food Bank for New York City - which translates to 6,000 meals to those in need!  Thank you so much and see you next year for the Virtual Run to 2024! 

For more information on the Food Bank for New York City please visit:  Food Bank for New York City

Thanks Again to Our Sponsors: 



Daniel J. Hannon & Associates, Inc.


BioEx Consulting, LLC


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Thank you for participating!


Golf and Bowl with DANY at Chelsea Piers  -  June 28, 2023

This complimentary annual event along the Hudson River in New York City is graciously sponsored by iMedView, and presented by the Young and New Lawyers Committee.  All attorneys are welcome to attend, especially those with less than 10 years of experience.  



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Thank you for participating!

2023 DANY Awards Celebration   May 31, 2023 

DANY held its Spring Awards Celebration on May 31, 2023 at The View at Battery Park, finely positioned along New York Harbor in lower Manhattan.  The event was a  three hour cocktail and dinner reception hybrid --  with multiple cocktail, appetizer and entrée stations, and the freedom for guests to sit and circulate as they pleased.  A one hour NY ethics CLE course by Mark Longo, preceded the festivities.


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DANY SENDS GOVERNOR RATINGS OF CANDIDATES
FOR CHIEF JUSTICE OF COURT OF APPEALS

On April 4, 2023, the Defense Association of New York's President, Claire Rush, Esq., sent a letter to Governor Kathy Hochul with DANY's ratings for the nominees under consideration for Chief Judge of the New York State Court of Appeals.  To assist with the appointment process, DANY's Judiciary Screening Committee reviewed each nominee's background, decisions and/or writings.  The Committee then conducted personal interviews with the nominees via Zoom on April 4, 2023.  A copy of the letter appears below:

Letter to the Gov. Ct of Appeals nominees 4-4-23.pdf

Special thanks to the members of the Judiciary Screening Committee: Andrew Zajac; Claire Rush; Steven Dyki; Patrick Kenney; Margaret Klein; Tom Liptak; Brendan Fitzpatrick; Ann Marie Esposito; Robert Rigolosi; Orla Thompson and Teresa Klaum. 


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PRESIDENT CLAIRE RUSH IS QUOTED IN NEW YORK LAW JOURNAL ARTICLE RE: GOVERNOR HOCHUL'S VETO OF WRONGFUL DEATH BILL

New York Law Journal Article re: Wrongful Death Veto

The link to the New York Law Journal Article is above.   Below is one portion of the article:

Bill opponent Claire Rush, president of the Defense Association of New York, said the bill as drafted was fatally flawed.

“What I’ve said all along is that the Defense Association, and I’m sure the healthcare industry and hospitals and municipalities, would all welcome the opportunity to work with the legislature and the other groups to craft an amendment to the wrongful death statute that would address everyone’s concerns and due process rights,” Rush said Monday. “But the bill that was submitted for signature to the governor was incredibly one-sided.”

She continued: “It provided a right to recovery for people that wouldn’t have a right to recover under laws of intestacy. It just flies in the face of how our estate, powers and trusts law is set up.”

Rush added that the retroactivity provisions “were just blatantly unconstitutional, in my mind.”

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PRESIDENT CLAIRE RUSH IS QUOTED IN NEW YORK TIMES ARTICLE RE: GOVERNOR HOCHUL'S VETO OF THE WRONGFUL DEATH BILL

NY Times - Hochul Wrongful Death Veto

DANY President Claire Rush is quoted in this New York Times story and welcomes the opportunity to have DANY work with the legislature in New York "to craft a fair law" for all sides regarding New York's wrongful death statute.

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GOVERNOR HOCHUL VETOES WRONGFUL DEATH BILL

On January 30, 2023, Governor Hochul vetoed the Grieving Families Act.  A link to a copy of Governor Hochul's veto is below. 

GFA-Veto.pdf

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DRI JOINS DANY IN ASKING GOVERNOR HOCHUL TO VETO WRONGFUL DEATH BILL

On January 13, 2023, The DRI Center for Law and Public Policy sent a letter to Governor Hochul asking her to  to veto the bill that would amend the wrongful death statute to allow for claims to be brought by an unlimited amount of "close family members" (who are not defined by the bill).  The Center believes that it is "unwise to create uncertainty about who may participate in the damages awarded in a wrongful death statute" and correctly points out that no other state allows participation by someone merely considered a "close family member."  The Center also believes that expanding the statute of limitations may result in evidence being lost or destroyed and harms the interests of both plaintiffs and defendants.  A copy of the letter can be found at the link below:

dri-center-letter-in-support-of-dany.pdf

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martin luther king jr. day  -  january 16, 2023

The Defense Association of New York remembers Dr. King's life and legacy today and urges all people to work towards his dream of justice and equality for all.


DANY ASKS GOVERNOR TO VETO WRONGFUL DEATH BILL

Below is a link to a New York Law Journal Article from December 14, 2022.  DANY has asked Governor
Hochul to veto the bill that would amend the wrongful death statute to allow for claims to be brought
retroactively by an unlimited amount of "close family members" (who are not defined by the bill) for  "disorder caused by grief or anguish" (also not defined) caused by the death of a decedent.  

Defense Bar Group Asks Governor to Veto Wrongful Death Bill

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DANY Sends Governor Ratings of Candidates
For Chief justice of court of appeals

On December 7, 2022 the Defense Association of New York's President, Claire Rush, Esq., sent a letter to Governor Kathy Hochul with DANY's ratings for the seven nominees under consideration for Chief Judge of the New York State Court of Appeals.  To assist with the appointment process, DANY's Judiciary Screening Committee reviewed each nominee's background, decisions and/or writings.  The Committee then conducted personal interviews with the nominees via Zoom on December 7, 2022.  A copy of the letter to Governor Hochul is attached here:

DANY Letter to Gov Hochul re Chief Judge Screening Results cfr.pdf

Special thanks to the members of the Judiciary Screening Committee: Andrew Zajac, James Begley, Anne Marie Esposito, Orla Thompson, Brendan Fitzpatrick, Andrew Klauber, Robert Rigolosi, Steven Dyki, and Claire Rush. 


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Thanks for attending

CLE   April 11, 2023 at 5:30 p.m.

Eminent CLE presenter David Paul Horowitz, Esq. and his law firm partner, Katryna Kristoferson, provided a two NY CLE credit course titled “CPLR Update 2023.”  An impressive volume of materials accompanied their informative presentation on this topic of critical importance to civil litigators.  This course had a virtual format.


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Thanks for attending

CLE   March 27, 2023 at 5:30 p.m.

The aofrementioned David Paul Horowitz, Esq. and his law firm partner, Katryna Kristoferson, provided an engaging one NY CLE credit course titled “Implicit Bias: Just Deal With It!  This was an opportunity for NY attorneys to meet their biennial requirement of at least one hour of legal education in the Diversity, Inclusion and Elimination of Bias category.  This course proceeded with a virtual format.



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Thanks for attending

CLE  FEBRUARY 16, 2023

Defending Exaggerated Economic Damages Claims                   

Speaker:

Thomas Michael Laquercia, Esq.  -  Partner, Laquercia LLP

Panelist:  

Patrick A. Gaughan, Ph. D -  President, Economatrix Research Associates, Inc.

To Join DANY: Visit http://www.defenseassociationofnewyork.org/page-769847


DANY President: Claire F. Rush

DANY President-Elect: Thomas E. Liptak

CLE Committee: Teresa A. Klaum and Bradley J. Corsair, Chairs;

Steven R. Dyki, Heather Wiltshire Clement and Eileen E. Buholtz

Sponsored by:



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Thank you for attending

2022 DANY Awards Banquet

TUESDAY, NOVEMBER 1, 2022

Honoring

THE HONORABLE ANTHONY CANNATARO

Acting Chief Judge of the New York Court of Appeals

Presented with the Defense Association of New York Civil Justice Award

THE HONORABLE ADAM SILVERA

Supreme Court, New York County, Administrative Judge, Civil Matters

Presented with the Defense Association of New York Outstanding Jurist Award

THE HONORABLE SYLVIA HINDS RADIX

Corporation Counsel, The City of New York

Presented with the Defense Association of New York Outstanding Public Service Award

JAMES S. FIEDLER, ESQ.

Acting General Attorney, The New York State Insurance Fund

Presented with the James S. Conway Award for Outstanding Service to the Defense Community


Location: TheView at Battery Park - 1 Battery Place, New York, NY 10004





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Continuing Legal Education 
  

September 13, 2022 at 5:30 p.m.  (2 credits)

Coverage Developments for the Insurance Defense Attorney

Presented By:
-  Julian D. Ehrlich,  DANY Past President,  Senior VP Claims / Construction Services Group,  AON
-  Darrell John,  Managing Partner,  Conway Farrell Curtin & Kelly P.C.
-  Jennifer A. Ehman,  Senior Litigation Manager,  Merchants Mutual Ins Co.
-  Rona L. Platt,  U.S. General Counsel,  Accelerant


To Join DANY Visit: http://www.defenseassociationofnewyork.org/page-769847

One year of free membership for attorneys / law firms in the Third and Fourth Departments! Attorneys who join DANY by 9/30/22 are eligible for a free 1 year  membership in DRI. 

Sponsored by: 




DANY President: Claire F. Rush

DANY President-Elect: Thomas E. Liptak

CLE Committee: Teresa A. Klaum and Bradley J. Corsair, Chairs;

Steven R. Dyki, Heather Wiltshire Clement and Eileen E. Buholtz


Two CLE Credits will be granted in Professional Practice to New York attorneys who attended the entire presentation and state the announced course codes in an affirmation (see link below) submitted by email to  danyexecdir@gmail.com. http://ww2.nycourts.gov/attorneys/cle/affirmation_sample.pdf.

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The Defense Association of New York

Downstate Golf Outing

Monday, July 18, 2022

Inwood Country Club

Past Host of the US Open and PGA Championship

Thank you participants and supporters for the great outing   -  see the photos below and in the link here -- 
see you again on July 24, 2023!

Click here:  Images from Inwood CC and the 2022 and 2021 DANY outings there

   


   July 18, 2022  -  Battalion of DANY golfers, before their successful round

      

     

For pre-event details, click here:
  Golf Outing Details

To see the July 2022 outing flyer and photos from our
October 18, 2021 outing at Inwood CC, click here:
July 2022 Outing Flyer and October 2021 Outing Recap

To see our October 18, 2021 outing photos
from Inwood CC on LinkedIn, click here:
October 18, 2021 Outing Photos, Part I
October 18, 2021 Outing Photos, Part II
October 18, 2021 Outing Photos, Part III
October 18, 2021 Outing Photos, Part IV
October 18, 2021 Outing Photos, Part V



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Tampa Bay Rays v. Yankees  -  August 17, 2022 at 7:05 p.m.


This sixth annual Yankees game gathering is co-presented with the TICL section of NYSBA.  Please join us to see the Tampa Bay Rays v. New York Yankees at 7:05 p.m. on August 17, 2022 at Yankee Stadium!  Seating will be in Section 226 (see sample view below), with similar to better quality compared to past years, as this year we have rows 2-7 -  and special pricing of just $65 per seat!  We are pleased to offer these seats to both members and guests of the presenting bar associations -  feel free to come with clients, family and friends.  Persons who register will receive tickets by e-mail in electronic format.  Please note, no CLE is offered on this occasion, but the tradition of preceding baseball with CLE will resume in the future.  As always, sponsors, members and guests are thanked for their support. 



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Golf and Network at Chelsea Piers

Wednesday, June 29, 2022 at 5:45 p.m.

Presented by DANY's Young Lawyers Committee



Sponsored by




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Bulletin Board  - 
Employment Opportunities,
Other Bar Association Events

If you are a DANY member who wishes to list a job or event opportunity here, please contact Brad Corsair at 917-363-5698 or Bradley.Corsair@aig.com.


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DANY TRIAL ACADEMY 2022

Sponsored by:

                                                


                                  



With civil trial practice now intensifying, DANY welcomed and encouraged New York attorneys licensed for more than two years to participate in this comprehensive trial training program, for which 32 CLE skills credits will be awarded.  Considering the great expected value of this experience, the pricing was excellent:  $850 for members and $950 for non-members -  and firms that enrolled three or more participants paid just $450 (member firms) and $550 (nonmember firms) for every registrant beyond their first two.  Participants will be recognized at the annual DANY Downstate Golf Outing, at Inwood Country Club on July 18, 2022.

The program kicked off with 4 virtual evening sessions (6 - 8 pm) presented by Master Trial and Appellate Attorneys:
April 5  -  Preparing the case for trial;  Jury selection
April 6  -  Defending against reptile and anchoring tactics;  Opening statements
April 7  -  Direct examination;  Cross examination
April 12  -  Summ
ations;  Appellate considerations

The academy's second phase is comprised of two mock trials held in four weekend days.  The first was a soft tissue auto case completed on April 30 and May 1.  Students conducted and received guidance as to jury selection, opening statements, cross examination of a plaintiff and medical expert, direct examination of a police officer and orthopedist, charging conference, closing statements and requests to charge.   The second mock trial will be a premises case.  This was originally scheduled for May 21 and 22, but due to pandemic developments, it was held subsequently.  This involved jury selection, opening statements, cross examination of a plaintiff and liability expert, direct examination of an eyewitness and defense liability expert, charging conference, closing statements and requests to charge. 

DANY thanks President-Elect Claire Rush for organizing this comprehensive and essential program.  Please review the accompanying brochure, which provides more details about the agenda, benefits and excellent faculty.  Additional DANY trial academies are expected.

DANY Trial Academy Brochure:  Click Here

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PAST DANY EVENTS and ACTIVITIES

DANY for many years has been pleased to offer a great variety of events to membership and the broader legal community, including CLE with networking happy hours, two annual banquet dinners, two annual golf outings, and health and welfare events such as the annual "learn to golf" at Manhattan's Chelsea Piers.  We look forward to more programming of these kinds as circumstances permit.  To have a sense about the experience of these events, please click on the link immediately below.  Additionally, please read about more recent activity on the balance of this page.

Recap of DANY Events

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CONTINUING LEGAL EDUCATION (“CLE”) 

DANY has been regularly offering CLE programs via Zoom during the COVID-19 pandemic.  Details about some of these programs are provided below.  Information about other past CLE programs, including course materials, can be accessed through this link:   Past CLE Programs with Materials 

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CLE held March 15, 2022
 
by Webinar

Free for DANY members,  $20 for non-members

Creating a More Inclusive Work Environment:
Why Interrupting Implicit Bias Matters

Appropriate for both experienced and newly admitted attorneys.

Panelist:

Mirna Martinez Santiago, Esq.  President and CEO, Girls Rule the Law

Description This presentation discussed various ways in which law relates to implicit bias, including the Constitution (how white supremacy and anti-black bias was codified into law); SCOTUS cases and their findings (Parents Involved in Community Schools v Seattle School District; Brown vs Bd of Ed); legislation (Civil Rights Act of 1964, NY’s Crown Act, NY’s Fair Chance Act, NY’s Exec. Law 296); legal enforcement (NYC Commission on Human Rights’ finding that Gucci violated the anti-discrimination laws by continuing to sell a “black face” sweater in NY); the code of professional conduct (Rule 8.2 states that lawyers must not act in any way that harasses or discriminates another on the basis of a protected classification); and many others.

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CLE held February 24, 2022 by webinar

Combating the Anchoring Effect

Free for DANY members,  $20 for non-members
Appropriate for both experienced and newly admitted attorneys.

Panelists:

John McDonough, Esq. Chairman of Complex Risk & Strategic Litigation Group, Vice Chair of Global Insurance Department, Cozen O’Connor, and DANY Past President

Eric Berger, Esq.  -  Member of Complex Risk & Strategic Litigation Group, Global Insurance Department, Cozen O’Connor

Supported by:   iMedView, by Brett Melchin, President

Description This program discussed the plaintiffs’ trial technique known as “anchoring” and was an examination of the psychological impact on jurors of the technique of “anchoring” -  also covered was how to defend against “anchoring” with a review of controlling law on “anchoring.”

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CLE held January 27, 2022 by webinar

Defense of Bad Faith Claims - Best Practices

Panelists:

Hon. Bernard J. Graham -  Justice,  Supreme Court / Kings County

David S. Gould, Esq.  -  Partner, Russo & Gould LLP

Sim R. Shapiro, Esq.  -   Partner, Baxter Smith & Shapiro, P.C.

Moderator:

Teresa A. Klaum, Esq, -  Lead Attorney,  Manson & McCarthy;  DANY Past President

Supported by:  LITIFY  via Dov Slansky, Vice President, Solution Engineering



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DANY Sends Governor Ratings of Candidates
 For Court of Appeals Vacancy  -  November 2021

On November 10, 2021, the Defense Association of New York's President, Bradley Corsair, Esq., sent a letter to Governor Kathy Hochul with DANY's ratings for the seven nominees under consideration for Associate Judge of the New York State Court of Appeals, in connection with the vacancy on the Court.  To assist with the appointment process, DANY's Judiciary Screening Committee reviewed each nominee's background, decisions and/or writings.  The Committee then conducted personal interviews with the nominees via Zoom on November 8, 2021 and November 9, 2021.  A copy of the letter to Governor Hochul is attached here:

Defense Association Letter November 10 2021.pdf



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Publication Update:   

Premises Liability "Defendant" Journals now available

These publications dedicated to premises liability litigation were distributed to DANY membership on November 30, 2020 (Part I) and June 30, 2021 (Part II).  Here is a link for a page on this website which provides access to both, and also to thirty years' worth of DANY's "Defendant" journal  -  thank you authors for your efforts!

DANY "Defendant" journals page