Partner Hon. David Saxe (Ret.) Reflects on His First Day on the Bench in New York Law Journal

Morrison Cohen Partner Hon. David Saxe (Ret.) recently shared a story entitled “My First Trial (1982)” in New York Law Journal, which will appear in his forthcoming book, My Life As a Judge. Saxe, a former Associate Justice in the New York Supreme Court Appellate Division, First Department, recounted receiving a call on the second day of his judicial career as a Civil Court judge that a trial-ready case was waiting for him in a courtroom on the 12th floor at 111 Centre Street.

Judge Saxe recalls putting on his new robe, rushing to the court, and upon his arrival, hearing the court officer intone, “All rise, the Hon. David Saxe, Presiding.” The case involved a landlord bringing a claim against a tenant for additional rent under a commercial lease. All was going smoothly until the landlord’s lawyer put a question to his witness, which focused on the paragraph of the lease that dealt with additional rent charges that, although common in commercial leases, often resulted in litigation because of its complexities.

Before the witness could respond, the tenant's lawyer exclaimed, “Objection,” and Judge Saxe froze, realizing that everyone was staring him. “Objection,” the lawyer cried out again, “Leading, Your Honor.” Judge Saxe finally exclaimed, “Overruled” in a loud, firm voice. “And with that, my very first ruling,” he wrote, “the lawyers simply went back to their craft as if nothing had happened. I felt a wave of confidence pass over me. This is not so hard after all, I thought. In fact, this is going to be fun.”

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