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32 Nassau Law. 1 (1984-1985)

handle is hein.barjournals/nassau0032 and id is 1 raw text is: Bulk Rate U.S. Postage TermBE 19 THE JOURNAL OF TilE BAR ASSOCIATION OF NASSAU COUNTY. N.Y., INC. VOL. 32, NO. 1, SEPTEMBER 119114 SERVING THE LEGAL PROFESSION AND THE PUBLIC FOR OVER 84 YEARS. Ostrow discusses new goals for Bar Association Judge Arthur Spatt guest of honor at 18th Judiciary Night The guest of honor at the Bar Associa- tion's eighteenth Jtdiclary Night held on September 20, 1984 was Honorable Arthur D. Spat, Administrative Judge of Nassau County and a member of the Association for nlietei years, A gala cocktail party from 5 to 8 pin at Domu. enabled members of the Association to meet and honor the judges of Nassau County in a relaxed at. mosphere - all expertly organized under the direction of President-Elect Peter T. Affatato, the chairman of Judiciary Night. Judge Spatt, a graduate of Ohio State University and Brooklyn Law School, is a member of numerous bar and judicial associations. Before assuming the bench, he was retained In diverse private practice litigation of every nature, including tort, criminal, contract, corporate and other matters In state and federal courts. In November, 1978, Judge Spatt was elected a justice of tire Supreme Court of the State or New York, Tenth Judicial District. lie served In tiat capacity In Nassau County (Mineola), Suffolk County (Rlverhead and Hauppauge) and Queens Conty (Kew Gardens) In trial and special terrm capacities. In December, 1982, Judge Spatt was appointed Administrative Judge of all tile courts in Nassau County and Is still acting In that capacity. By LF.STER FOURFST, JR. The incoming president of the Nassan County Bar Association, Michael J. Ostrow, Immediately strikes one as being low-key, but that does not diminish his am. bitions for the Bar Association and Iris dedication to its endeavors, Now that the Bar Association Is no longer raced with the economic problems which have required the attention of the last fes presidents, Ostrow believes that We nov ave to dedicate ourselves to those thing for which the Bar Association was intend- ed. Meeting the needs of the ever. Increasing number of young lawyers is Iigh on the president's list of priorities. One of my objeetlves is to make the Young Lawyers Section a msoving force witin Iic Association. It sitould be the largest alid most active section in the Bar Association and each year should undertake at least one major project in which Its members become Involved. Ostrow recognizes the Importance of con. tinuing the Academy of Lass's programs. as well as all of the Bar Association's ac tivities which are proving to be successful, He stated that under Judge Joseph Uold stein and the other officers oftlbeAdesn%, it Is In unbelievably able hands. The Image of the lawyer Is regarded by the new president as one or our pIiiainy responsibilities as a bar association, outl he is personally committed to a public Icn tlions program. Remember hati e are lile largest local bar association in the couItry. Michael J. Ostrow Continued an page5 What members think Personal injury threshold issue about NCBA activities requires very careful consideration tlow can our Bar Association better serve its own members, ile legal profession and the community In general? was the question which was recently put to a cross-seetlon of Nassau County Bar Association members. Here are the answers we received. Robert Corcoran, past president of tire Association, is very pleased with the operation of the Nassau County Bar Association. As a past president, he particularly ap- preciates the harmonious functioning and the very pro- gressive and sensitive attitude of the Board of Directors toward tire profession and Its problems. Mr. Corcoran stated that if he were to make any observa- tion of art area needing improvement, it would be the weskiress of all bar associations In the area of public relations. We need to utilize public relations In develop- Ing tire ability to respond effectively to unfair criticism of the profession by the media and the public. Cheryl Kreger Is tire new chairperson of the Young l.awyers Section and has been practicing for four years. Wlle ptaising tire existing nots anti bolts programs sponrored by the Academy of Law, sie stressed the need for basic progrntms deatlitg with the rechnical and pro- cedurtal aspects of tie law to bridge the gap between law school and tire practice of law. Knowing tie law in a par- ticullar field Is important hut of little practical significance if one does tot know tire seclflc rules and procedures which most he followed in order to put the substantive knowledge to use. Ns. Kreger suggested two other Improvertents: a loentor prograt and ass expansion of the Association's speaker prnlgrnrs. A loentor program, whics is now in tire plan- ninrg stage for tire Young Lawyers Section, would enable young lawyers or Association members with little en perlence in n specific area of tire law to call upon more experienced Association members who would he Continurd an pare 7 By SANDRA J.FEUERSTEIN Your negligently injured automobile accident victim has been paid the applicable first-party benefits. lie now wants to bring an ac- tion against the offending party, Flow Important is an early assessment of the injuries on which the claim Is based? Veryl Insurance Law §673(t) states that tihere shall be no recovery for personal in- juries except in tile case of a serious Injury or for basic economic toss. Serious Injury is now defined in Insurance Law 1671(4): 'Serious Injury' means a personal injury which results In death; dismember- lett; significant dis- figurement; a fracture; per- manent loss of use of a body organ, member, func- tion or system; permanent consequential limitation, of use of a body, organ or member; significant lirdiita- lion of use of a body func- tion or system; or a medically determined Injury or Irrpalrnrent of a non- permanent nature which prevents the Injured person from performing substan- tially all of the material acts which constitute such per- son's usual and custrmary daily activities for not less than ninety days drring the one hundred eighty days Immediately following the occurrence of the injury or impairment. Initially, in order to avoid dismissal pursuant to CPLR 3211(a) (7), the serious In- jury which forms tire basis of the suit must be pleaded. (Shnont' v. Streeben, 56 A.D,2d 237; Agnrosfakios v. Laureano, 85 Misc.2d 203; CPLR 30161gl). Following joinder of issue, tire question of whether there Is serious in. jury within the meaning or the statute is subject to ex- amination on a motion for summary judgment psr- suani to CPLR 3212. Motions for jrdgment on this question have become more frequent since the Court of Appeals decision in Licari v. Elliott (57 N.Y.2d 230) which held that tie Court could, In the first Instance, decide as a matter of law, whctler tile serious injury threshold had been met. Prior Io Licari, the coait, had been loathe to rcim the question or serious ir jitry from jrry contsluler tion. Once Licarl establish ed tiat the serious injiu could be determined ins ; matter of law rouovirg rtit close or plaintiff's case, ii was i short step to the conr cluoisn that Irere coul I',t pre-trial resolution of Ih, question of whether plain tiff has not sustnied -, serious injury. On a motion for jid' ment, the affidavit of a pal ty with knowledge of Ill facts is usually suficirl, (assumlng it contir evidertlary facts) ItI detcol the motion. Itowever, on , motion to dismiss for la;10 of serious injury, a plsr clan's affidavit siIl b, necessary In most cae To this end, it Is recon mended that, wive srliou Injury is apparent, III court atlize Licari tI lru' as a marler of law 1Int II, Irreshold Ias been Stil tir Continued orr lvien 1,

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