Friday, December 26, 2008

Judith S. Kaye

At Concurring Opinions, Professor Lawrence Cunningham has a fine tribute to Judith Smith Kaye, who is retiring as Chief Judge of the New York Court of Appeals, focusing on an early specific performance case, Van Wagner Advertising (1986).

Judge Kaye had been a civil litigator at Olwine Connelly in Manhattan before she joined the Court. For various reasons, principally finality, relatively few civil cases reached the Court. It was for this reason that she particularly enjoyed digging into a good contracts case or complex civil litigation.

Extra credit question followers of Judge Kaye's work: which portion or portions, if any, of the opinion in Citibank v. Plapinger (1985) might Judge Kaye have contributed?

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