Partner Hon. David Saxe (Ret.) Reflects on Chief Judge Judith Kaye’s Investment in Educating First Department Judges on a Complex Type of Commercial Law Appeal

Morrison Cohen Partner Hon. David Saxe (Ret.) recently shared a story entitled “How Judges Learn” in New York Law Journal, from a forthcoming book of essays depicting his life as a judge. Judge Saxe wrote about how Chief Judge Judith Kaye was instrumental in assisting the Appellate Division, First Department in understanding a complex type of commercial law appeal – derivatives and currency swaps – that began to pop up in the early 2000's.

Judge Saxe, a former Associate Justice in the New York Supreme Court Appellate Division, First Department, recounted a situation when the Court was faced with litigation that involved this new, complicated area of commercial law. The submissions lacked clear explanations of the mechanics, putting the judges in the difficult position of trying to decipher the complexities.

Some months later, Chief Judge Kaye overheard Saxe expressing concerns that the First Department Court was inadequately prepared for these types of commercial cases. Kaye wholeheartedly agreed and tasked Saxe with finding a way to educate the Appellate judges. With her full support, Saxe arranged for an NYU business professor to teach the judges about the mechanisms behind these complex currency maneuvers. The lunchtime lesson was a great a success.

Judge Kaye was so pleased that she wrote a note of appreciation to Saxe, but more importantly, Saxe wrote, “through her involvement and interest, the judges of the Appellate Division, First Department had become educated about a new, complex and developing area of commercial law.”

New York Law Journal subscribers may read the full story here.