August 15, 2016

Welcome to August 2016 Issue of Electronically in Touch


We are pleased to submit the August 2016 edition of Electronically In Touch. This issue contains an update on lead-based paint exposure case law in New York, an article regarding one incoming 1L's pre-law school internship experience, as well as new features highlighting new members of the Young Lawyers Section.

Electronically In Touch is a member driven publication. We welcome submissions from members on any relevant topic, including practice tips, substantive legal articles, case updates, work/life balance, and information regarding upcoming meetings and events. Please submit articles to Sasha R. Grandison, Esq. at srgrandison@gmail.com by the 1st of each month.

The Officers of YLS and the Editor of Electronically In Touch wish to make clear that the thoughts and opinions expressed in the articles that follow are those of the respective authors and do not represent the thoughts and opinions of the New York State Bar Association, Young Lawyers Section, or its Officers or Executive Committee.

A Message from the Chair of the Young Lawyers Section


As I young lawyer, still in the beginning stages of my career, I understand how it can feel like we have no control over our own time. You can get to your desk in the morning having a plan for what you will accomplish that day, and after one new assignment can take disrupt your entire schedule. The fact that our time is not our own is a frequent reason that I hear for not getting more involved in the bar association.

However, there are ways to get involved with more flexibility and still give you an opportunity to give back to our profession while building your resume by joining a Young Lawyers Section committee. YLS has Committees on Diversity, Community Service and Pro Bono, Membership, Communications, and Mentoring. All the committees are looking for additional members who would like to contribute on a limited scale. Maybe you have time to help with an event or project but only during a certain time of the year; then you might want to join the Diversity Committee or Community and Pro Bono Committee. Maybe you have availability to write but can't make committee meetings; then you might want to join the communications committee.

Please let me know if you are interested in joining a committee. Committee service can be rewarding and a great way to develop your leadership skills.

Erin K. Flynn
Erin.K.Flynn@gmail.com


Developments in Lead-Based Paint Exposure Law


Pursuant to Local Law 1 of 1982, there is a rebuttable presumption that peeling or chipping paint in a multiple dwelling built before 1960 contains .5 percent of metallic lead based on the non-volatile content of the paint or other similar surface-coating material or having a reading of 0.7 milligrams of lead per square centimeter or greater.

Lead-based paint is considered a hazard when a child under the age of seven lives in an apartment. See Juarez v. Wavecrest Mgt. Team, 88 N.Y.2d 628, 649 N.Y.S.2d 115 (1996). The landlord is required to inquire annually as to the presence of children in units and to investigate if any tenant does not respond to the inquiry. Local Law 1 of 1982. For a landlord to be held liable for exposure to lead-based paint a plaintiff must prove constructive or actual knowledge of a lead hazard and that a child under the age of seven resides in the apartment. Id. at 644.

In Yaniveth R. v. LTD Realty Co., plaintiff alleged that the infant plaintiff resided at her grandmother's apartment because she physically spent a substantial amount of time there and therefore Local Law 1 was applicable to plaintiff's claims of exposure to lead-based paint. Yaniveth R. v. LTD Realty Co., 27 N.Y.3d 186, 51 N.E.3d 521 (2016). The Court of Appeals held that the words "reside" and "residence", as they pertained to Local Law 1, meant more than a temporary or physical presence at a location and there must be some degree of permanence and intention to remain. Id. The Court concluded that the infant plaintiff did not reside at her grandmother's apartment, as she only visited her grandmother solely for the purpose of child care. The Court noted that although a person may reside at more than one location, spending 50 hours per week in an apartment with a non-custodial caregiver was insufficient to impose liability on a landlord under Local Law 1. Id.

As a result of the Court of Appeals' ruling in Yaniveth, a claim for lead-based paint exposure may now only be maintained if the child permanently resided and intended to permanently reside in the unit where the exposure is alleged to have occurred.

Indeed, a plaintiff may still have a valid claim pursuant to common-law negligence, which is a separate and actionable claim. In Chapman v. Silver, the Court of Appeals held that a landlord may be held liable for exposure to lead-based paint if the landlord (1) retained the right of re-entry to the leased premises and assumed a duty to make repairs; (2) knew that the leased premises were constructed at a time before lead-based interior paint was banned; (3) was aware that paint was peeling on the premises; (4) knew of the hazards of lead-based paint to young children; and (5) knew that a young child lived in the apartment. Chapman v. Silver, 97 N.Y.2d 9, 15, 734 N.Y.S.2d 541 (2001).

EIT's Event Recap


By: Norina A. Melita, Esq.
NYSBA YLS
3rd District Co-Rep


On August 11, 2016, the 3rd and 4th Districts of the Young Lawyers Section hosted the Summer Event to kick off the New York State Bar Foundation's 24 hour giving event at Brown's Brewery, Revolutionary Hall, in Troy, New York. Co-sponsoring the event were the Business Law Section, Real Property Law Section, Torts, Insurance and Compensation Law Section, Trusts and Estates Law Section, Corporate Counsel and NY NAELA. It was a great turnout, with good mix of attorneys and law students, at a beautiful venue. James Barnes spoke on behalf of the Foundation.

The Foundation's 24 hour giving event starts November 24, 2016 and the proceeds will be granted to a charity benefiting veterans.

My "Pre-Law" Summer


By: Anmol Nadkarni

On August 4, 2016, I concluded my summer internship at Mavrides, Moyal, Packman, & Sadkin, LLP. I worked side-by-side with one of its partners, Jamie Polon, on judgement enforcement and creditors' rights. These past few months I have garnered a wealth of knowledge and practical experience from this opportunity that I firmly believe will give me a distinct advantage as I embark on law school.

The work I was assigned consisted of meaningful and impactful undertakings, void of the typical intern duties that consist of monotonous busywork. Upon entering the door on my first day a desk, office supplies, and a company email address were bestowed upon me. This was not "just another" job to keep me busy, but a rare opportunity to be exposed to the legal environment with regularity and specificity. My professionalism was strengthened through observation, imitation, and osmosis.

I learned the New York State Court System's e-filing procedure, conducted legal research on case law, and gained legal experience by taking part in various practices including drafting legal documents. My knowledge of how real estate transactions are handled was minimal prior to this internship; but now having witnessed a "closing" I can confidently and articulately explain the steps.

Judgement enforcement was the area I primarily observed and worked within. Having a background in finance, this was the perfect specialty to focus on and compliment my undergraduate education. I became engulfed in the intricacies of the BCL, prongs of legal defenses, and elements of breach of contract.

In preparation for first year classes, such as Civil Procedure, Contracts, and Legal Writing, I began to read the introductions of my casebooks and immediately made the connections to specific tasks or conversations from my experiences at MMPS.

My experience and decision may not be the way every student chooses to spend his or her summer before entering law school; but I can attest to the confidence I have in preparing myself for this journey.

The advice I offer to readers of all ages: reach out for internships and graduate teaching positions; don't let your fears obscure your ability to see the blips of opportunity palpitating on the radar of your future. Find a cause, a light, a fire, be relentless, and be motivated to set the bar higher until you're doing the impossible because you just refused to give up.

And in your careers... don't just make a living, make a difference. Give back to your community - enrich each life within your reach, leave your indelible mark on history by creating it. Spend every waking second learning, questioning, observing.


Anmol Nadkarni is a rising 1L at the Maurice A. Dean School of Law at Hofstra University, where he was awarded a Full-Tuition Merit Scholarship. You can email him at anmolnadkarni94@gmail.com or add him on LinkedIn at www.linkedin.com/in/anmolnadkarni

EIT's Young Lawyer Spotlight


Catherine Baxter

Baxter.jpgCatherine "Katie" Baxter is new to the Young Lawyers Section. Currently, Katie is Associate Counsel at Maxim Inc., owner and publisher of MAXIM®, a leading men's lifestyle brand and publication. Under the supervision of its General Counsel, Ian J. Warren, she manages the legal matters of each internal business unit of Maxim Inc. This includes, "drafting, reviewing, and negotiating agreements across the broad spectrum of the company's operations, providing pre-publication review to the editorial and marketing staff, managing and protecting domestic and international IP assets, supporting the brand's global licensing efforts across a wide range of initiatives, and working closely with the marketing, ad ops, and sales teams on advertiser programs/campaigns, as well as Maxim branded events."

Katie received her Bachelor's Degree at the Georgia Institute of Technology, where she was on the Dean's List. She graduated with her Juris Doctorate from New York Law School, where she was a Faculty Scholar. During law school, she volunteered for, and helped organize, numerous small and large scale conferences and symposia bringing together technologists and lawyers around various digital media issues, an experience which she attributes to the school's Institute for Information Law & Policy, "a support system during [her] time there, really encouraging its students to explore their interests, both inside and outside of the classroom." One of her proudest accomplishments was being a "key member of the planning committee for the 2011 Open Video Conference," where she was able to help develop the agenda, coordinate logistics, and lead a session on copyright education.

When not at work, Katie can be found exploring her neighborhood in Brooklyn with her beagle Waylon, seeing live music, listening to podcasts on the train, cooking, and knitting.

Aside from being a member of the New York State Bar Association, she is a member of the Brooklyn Bar Association, the New York City Bar Association, and the New York Women's Bar Association. Katie is a member of the Entertainment, Arts and Sports Law Section, Intellectual Property Law Section, Labor and Employment Law Section and the Young Lawyers Section.

We welcome Katie to the YLS.

Health Law Section Liaison Update


By: Jamie A. Rosen, Esq. and Jane McLaughlin, Esq.
Health Law Section Co-Liaisons

On June 28th, 2016, the Health Law Section, in collaboration with Albany Law School and Fordham Law School, hosted a half-day symposium at Albany Law School as part of an initiative to study the field of Electronic Health Records (EHR), governing laws and regulations, state-level data aggregation, and ethical issues involving the use of EHR, amongst other topics. These innovations in patient data collection could have an impact clinical practice, as well as the development of health law and public policy, affecting health law attorneys and policy-makers alike. A webcast was made available to those who could not attend in person, a link to which is available on the Section webpage.

On Friday, October 14, 2016 from 9 AM to 1 PM, the Section is hosting a live CLE in New York City with a live webcast option on the "hot topic" of "Medical Marijuana in New York". Now almost one year since New York first made medical marijuana available to patients with chronic illnesses, join our panel of experts as we take a look back at the implementation of the State's medical marijuana program, and how medical marijuana legalization may evolve in New York and beyond. This course has been approved for all attorneys, including those who are newly admitted. Participation provides 4.0 MCLE Credits, 3.0 in Professional Practice. Additional details and registration information are available on the Section webpage.

The Health Law Section Fall Meeting will take place on Friday, October 28th, 2016 at the State Bar Center in Albany, featuring a day-long CLE program on health law issues. Details such as topics, presenters, and registration information will be made available in the near future. Information on sponsorship opportunities for the Fall Meeting, as well as the Annual Meeting Program in NYC, is available on the Section webpage.

The Section will hold its Annual Meeting program on January 25, 2017 in New York City. Topics, speakers and more details to be determined.

The Health Law Journal is looking for article submissions on topics of interest to members of the Section in areas such as HIPAA, nursing homes, managed care, mental health, medical ethics and long-term care. Please contact the editor, Robert Swidler, Esq., swidlerr@nehealth.com if you have written an article and would like to have it considered for publication.


New Members of the Young Lawyers Section


Let's welcome the newest members of the Young Lawyers Section for June 2016:

Judicial District: 01
Denise Arana
Catherine L. Baxter, Esq.
Melissa Britton
Matthew Caminiti
Dion Chu, Esq.
Eric Roberto Garcia, Esq
Harris Hoffberg
Jonnah G. Hollander
Samita Tahsin Khan, Esq.
Heewon Kim, Esq.
Patrick James Lanciotti, Esq.
Lillian Ji Hae Lee
Robert Matthew Lyons, Esq.
William Anton Majeski
Anthony Makarov
Melissa Ann Morgan, Esq
Evelyn Yue Pang, Esq.
Tamara Relis, Esq.
L Andrew Stern Riccio, Esq.
Alexandra Victoria Searl, Esq.
Stefano Seccamani Mazzoli
Eitan Yoel Ulmer, Esq.
Taylor Zelony
Aida Aida Zerai, Esq.

Judicial District: 02
Krisna Creque
David William Johns, Esq.
Jamal Johnson
Anthony Lembersky, Esq.
Taishan Liu
Potso Mahlangeni-Byndon, Esq.
Cesar Sanchez
Nisan Zaghi

Judicial District: 03
Nadia Isobel Arginteanu, Esq.
Michelle Lopez
Patrick Tyler

Judicial District: 04
Shawn DeLancey
Jacqueline Goralczyk

Judicial District: 07
Vasiliki Economou
Muditha Halliyadde, Ph.D.
Bridget E. Marsh
Brenda L. McMeekin, Esq.
Regina Sarkis
Sarah Speis
Stephanie Marie Wallace, Esq.
Keana Michelle Williams, Esq.

Judicial District: 08

Amanda Brennan
Todd James Potter, Jr., Esq.

Judicial District: 09
Jessica A. Amberg, Esq.
Brenna Fitzpatrick
Hailey Flynn
Jonathan Hermann
Annmary Ittan
Matthew Weingarten

Judicial District: 10
Edward Y. Ching
Jessica Alexandra Girvan, Esq.
Jake Komar
Anthony Vincent Merrill, Esq.
Catherine Montesano
Anmol Nadkarni
Maria Christi Scheuring-Elbert, Esq.
Jessica Woodrow-Hogan

Judicial District: 11
Darryl Barney, Esq.
Evan Jacob Becker, Esq.
Amira Hassan
Jonathan Shalamov, Esq.

Judicial District: 12
Carlos Mulles
David T. Peterson
Nishat Tabassum
Belinda Teye

Judicial District: 13

Daniela Camacho, Esq.
Julienne Nicole Verdi, Esq.

Judicial District: 99

Alexander Gerard Ahern, Esq.
Ayoka Akinosi
Olajide a. Araromi
Joshua Becker
Kyle Andrew Blyth, Esq.
Ann Bryant
Dennie Danielle Byam, Esq.
Michelle Carchedi
Matthew Yuenlone Chan, Esq.
Alexander L. Chen
Michelle Chinaza Chikezie
Brandon Cofield
Guillaume D'amico
Elizabeth Katherine Dann, Esq.
Diana Darilus
John J. Defelice
Grace Marie Duffin, Esq
Twinkle C. Factoran, Esq.
Peri Fluger, Esq.
Tom M. Fugnitti
Amanda Galbo
Dave Gallacher
Gabija Grigalauskaite
Noah Grillo
Rebecca Anne Guiterman, Esq.
Katherine L. Gustafson
Takashi Hatsuse
Daniel J. Hay, Esq.
Celine Hollenbeck
Narumi Ito
Ankit Kashyap
Kei Kimura
Autumn Sky Laughton, Esq.
Claudia Linares, Esq.
Malachi Love-Robinson
Emily Linnea Mahoney, Esq.
Michelle Malone
Cecile Manong, Esq.
Rachel A. Mazzarella
Sismi Raju Menachery
Fatima Mertad, Esq.
Rhodrick Michongwe
Daniel W. O'Grady
Marco Pacheco
Jin Qiu
Chad M. Remus
Bindu Sanjeevkumar
Allyson Jill Saperstein, Esq.
Gil Savir
Daniel H. Shainker
James Shovlin
Mr. Raymond Sin Esq.
Jessica Spooner
Eriko Tamura
Kali A. Trahanas, Esq.
Yinan Wen
Aarin Michele Williams, Esq.
Rosaline Yusman
Brita Catherine Zacek, Esq.
Charles Zamiskie
Dingchao Zhang
Wenyu Zhang
Haibo Zhao
Aurelien Christophe Marie Zuber, Esq.

Join The Young Lawyers Section


Become the voice of newly-admitted and young attorneys in NYSBA. Designed to help make the transition from law school to practice an easier one for newly-admitted attorneys, the Young Lawyers Section connects you with experienced attorneys lending general advice, legal guidance, or expert opinions. Take advantage of educational programs, networking events, and the exclusive Young Lawyers Section Mentor Directory, which is just one of the Section's mentoring initiatives. The Section publishes Electronically In Touch and Perspective. Law students may also join the Section and get a jump start on their careers.

ALREADY A MEMBER OF THIS SECTION? JOIN A COMMITTEE!
Are you interested in volunteering for a Section Committee? Please email Megan O'Toole at motoole@nysba.org and indicate the committees you wish to join.

Disclaimer


Electronically In Touch is the electronic news-publication of the NYSBA Young Lawyers Section (YLS). It is a member-driven publication that encourages YLS members to write articles. We welcome submissions from members on any relevant topic, including practice tips, substantive legal articles, case updates, work/life advice, and information regarding upcoming meetings and events. If you are interested in submitting an article, please contact Sasha R. Grandison, Esq. at srgrandison@gmail.com. All articles must be submitted by the 1st of each month.

The Officers of YLS and the Editor of Electronically In Touch wish to make clear that the thoughts and opinions expressed in the articles that follow are those of the respective authors and do not represent the thoughts and opinions of the New York State Bar Association, Young Lawyers Section, or its Officers or Executive Committee.

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