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Celebrating “Penn Central Day:” The 40th Anniversary of Penn Central v. City of New York

August 29, 2018October 24, 2018Historical Society of the New York CourtsUncategorized, New York Legal History, Notable Cases

This article was written by Adrian Untermyer, an urbanist who advocates for historic preservation and improved transportation in Greater New York and nationwide. Mr. Untermyer is former Deputy Director of the Historic Districts Council and began his career as a Legal Advocate at the Urban Justice Center. Now a second-year student at the University of Colorado School of Law, Untermyer is a member of the Law Review and interns in Governor John Hickenlooper’s Office of Legal Counsel. For further information and to keep in touch, visit him online at www.adrianuntermyer.com and follow him on Twitter and Instagram.

The Historical Society of the New York Courts was a proud co-sponsor of this event.

Photo: Laurie Beckelman (Associate Director, The Shed), Samuel D. Albert (Architectural Historian), Elizabeth Goldstein (President, Municipal Art Society), Kent Barwick (Former President, Municipal Art Society), Brad Vogel (Executive Director, New York Preservation Archive Project), and Adrian Untermyer (Founder and Chair, Penn Central Day Committee) blow out the “Birthday Cake’s” candles. (Photo by Shanique D. Bundy)

On Tuesday, June 26, the U.S. Supreme Court released its decision in Trump v. Hawaii, which was among the Court’s most controversial cases of 2018. But on a packed pedestrian plaza across from Grand Central Terminal, fifty New Yorkers with party hats and noisemakers toasted a different case decided exactly forty years earlier.

The occasion was the 40th Anniversary of Penn Central v. City of New York, the U.S. Supreme Court case that helped save Grand Central Terminal from destruction. The case also upheld the constitutionality of New York City’s Landmarks Law, which serves as a model for historic preservation statutes nationwide.

I noticed the upcoming anniversary while reading Penn Central v. City of New York during my first year of law school at the University of Colorado. As fortune had it, I planned to return to New York a few weeks later for an internship with Justices Rosalyn H. Richter and Ellen Gesmer of the Appellate Division’s First Department.

The Road to the Court: Court of Appeals Judges Reflect on What Shaped Their Legal Careers

August 15, 2018October 24, 2018Historical Society of the New York CourtsUncategorized, Judith S. Kaye, New York Legal History, New York State Judges, Oral Histories

Image: Official Court of Appeals portraits of Hon. Joseph W. Bellacosa, Hon. Richard C. Wesley, and Hon. Judith S. Kaye

Oftentimes, legal history focuses on the facts of the case, the letter of the law, and clearly outlining one’s argument, making it easy for perception to become lost in the technical writing. However, this is where the Historical Society’s Oral History Project enters the scene. Starting in 2005, the Society has recorded the reminiscences of some of New York’s most prominent Bench and Bar members, which includes judges from the bench of the Court of Appeals. In certain cases, Court of Appeals judges knew right away that they were interested in a career in the legal field, but not always. Read on to learn about the moments that brought these future judges to become lawyers. For more stories from these judges and other New York legal luminaries, visit our Oral History page.

Hon. Joseph W. Bellacosa (Associate Judge, 1987-2000) reflects on his upbringing in Brooklyn:

…My grandmother was a very, very tolerant woman, who when she cooked a meal, everybody sat down and ate together. So at a very early age I was sitting having meals with — at that time, African American Black guys who were working in the ice business that my grandfather founded that my father worked in, carrying ice into tenements. They sat with us as equals. It was a tremendous value piece that has affected everything in my life. And I’m very grateful to her for giving me that…

Calendar Feature: August 2018 – Rent

August 1, 2018October 24, 2018Historical Society of the New York CourtsUncategorized, New York Legal History, Notable Cases, Society Calendar

Did you know the Broadway musical Rent was involved in litigation in New York City? Learn about the case and court involved in our 2018 calendar, which is featured this month!

Image: The cast of Rent at New York Theater Workshop, 1996, photographed by Sara Krulwich for the New York Times. Copyright Sara Krulwich/The New York Times

Image: Poster for Giacomo Puccini’s opera La bohème with artwork by Aldofo Hohenstein 1896. Courtesy of Wikimedia Commons

The rock musical Rent with music, lyrics, and book by Jonathan Larson, is loosely based on Giacomo Puccini’s La Boheme and involves a group of talented young artists trying to succeed in New York.

The production first appeared at the New York Theatre Workshop in 1993. The show won a Pulitzer Prize for Drama and moved to Broadway in 1996.

On Broadway, Rent gained critical acclaim and won a Tony Award for Best Musical among other awards. The Broadway production closed on September 7, 2008 after a 12-year run of 5,123 performances.

In Thomson v. Larson, 147 F.3d 195 (2d Cir. 1998), Lynn Thomson claimed that, along with principal playwright Jonathan Larson, she co-authored a “new version” of the musical. The two, however, did not specify their respective rights by contract, and the case raised the question whether Rent qualifies as a statutory “joint work” co-authored by Thomson.

The U.S. Court of Appeals, Second Circuit determined that Thomson was not a co-author of Rent, in that she did not meet her burden of establishing that she made independent copyrightable contributions to the musical or that the parties fully intended to be co-authors.

Battle in Brooklyn: The Cross-examination of Henry Ward Beecher at the Trial of the Century

July 18, 2018October 24, 2018Historical Society of the New York CourtsUncategorized, Judicial Notice, New York Legal History, Notable Cases

This article was written by Michael A. Green. Michael was a partner at the law firm Shereff Friedman Hoffman & Goodman, and since 2009, he has been restoring the 1868 Fullerton Mansion in Newburgh, New York. In Issue 13 of Judicial Notice, the Historical Society’s journal which focuses on New York’s legal history, he explores the William Fullerton’s cross-examination of Henry Ward Beecher in greater detail. This issue will be arriving on your doorstep soon but only if you are a Society member. Don’t miss out on this terrific profile and more, join the Society now!

Image: William Fullerton, Esq. at the Tilton-Beecher trial. The Daily Graphic, February 1, 1875, vol. VI, no. 592

For nearly 140 years, writers and social historians have been fascinated by a single 1875 trial — Tilton v. Beecher. The underlying story of an ill-fated love triangle combined Shakespearean elements of high drama with tabloid level juicy scandal.

Reverend Henry Ward Beecher’s outspoken views had generated a list of enemies to rival nearly any major American historical figure, and in the background, were larger issues that presage today’s “culture wars.”

Women Who Blazed New Paths in the Law

June 26, 2018February 28, 2020Historical Society of the New York CourtsUncategorized, Court of Appeals Judges, Judith S. Kaye, New York Legal History, New York State Judges, Public Events, Women & the Law

On June 21^st, the Society hosted its second Judith S. Kaye Program: Conversations on Women & the Law in an event co-sponsored by the New York City Bar Association’s Women in the Legal Profession Committee, entitled Then & Now: A Look Back at Trailblazers & Forward – Has Equality for Women Been Achieved? The program featured a presentation by Hon. Victoria A. Graffeo on women pioneers in the legal profession, and this week we publish an adapted version of her remarks. Soon, we will have the full program video available online!

Judge Victoria Graffeo is a pioneer in her own right as the first Italian-American woman to sit on the New York State Court of Appeals, where she served from 2000 to 2014. She is currently a partner at Harris Beach, PLLC, where she is the leader of the Appellate Practice Group and Alternative Dispute Resolution Practice Group. Prior to joining Harris Beach, Judge Graffeo spent 32 years in government service, holding positions in all three branches of state government before being elected as a Justice of the Supreme Court in the Third Judicial District and later appointed as an Associate Justice of the Appellate Division, Third Department.

Photo: Hon. Victoria A. Graffeo giving her presentation during the June 21st program at the New York City Bar Assoc.

We are going to step back in time to give much deserved recognition to a select group of courageous and determined women who were “firsts” in paving the way toward inclusion in the legal profession. It was not easy for them to succeed in their dreams, but there is a common theme in their stories — perseverance. When the door opened a crack, they kicked it down and demonstrated that women are not only competent attorneys, but leaders as well.

KATE STONEMAN
FIRST WOMAN ADMITTED TO PRACTICE

We begin with the first woman who gained admission to practice law in New York State. Kate Stoneman was born in 1841 on Chautauqua Lake in western New York. While studying teaching at the Normal School in Albany, she worked as a copyist for the State Reporter for the New York Court of Appeals. This position exposed her to court decisions, and her interest in the law grew when she served as an executrix for a great aunt. Altering her career plans at the age of 41, she began clerking for an attorney and after three years of study, she became the first woman to pass the New York bar examination. However, in 1886, judges of the New York Supreme Court denied her admission to the bar because of her gender.

Pioneering City Planning in the Heart of NY: George McAneny, Rapid Transit, Zoning, & the Civic Center

June 13, 2018October 24, 2018Historical Society of the New York CourtsUncategorized, New York Legal History, Public Events

Photo: Portrait of George F. McAneny, courtesy of the New York Preservation Archive Project

Prof. Charles Starks’s presentation on George F. McAneny completes our three-part series on the public program History of Foley Square: New York Legal Landmarks & Civic Reform. This event, held on February 27, 2018 at the New York City Bar Association, described the migration of court buildings to Foley Square, architectural concerns surrounding the Square’s creation, and the role of city planner George McAneny in this development. Robert Pigott, Jon Ritter, and Charles Starks presented, while Second Circuit Judge Hon. Dennis Jacobs joined the panel discussion after the presentations. The Society’s President Hon. Albert M. Rosenblatt moderated the panel.

This presentation Pioneering City Planning in the Heart of New York: George McAneny, Rapid Transit, Zoning, and the Civic Center described the role of George McAneny in developing Foley Square into Manhattan’s civic center. McAneny was New York City’s foremost advocate of city planning in the first half of the 20^th century. He negotiated contracts to build the city’s subway lines and developed comprehensive zoning law, both of which shaped the future development of downtown Manhattan. McAneny made his influence felt in many other civic debates, including the accommodation of the city’s growing number of courthouses and municipal offices around City Hall Park.

[youtube https://www.youtube.com/watch?v=kc9lFsue0w0]

Get to Know: Hon. Peter Tom

May 23, 2018October 24, 2018Historical Society of the New York CourtsUncategorized, Appellate Division Judges, Asian/Pacific American Heritage Month, New York State Judges, Oral Histories

In part two of our two-part celebration of Asian/Pacific American Heritage Month (part one is here!), we get to know more about Hon. Peter Tom. Originally interviewed by Society President, Hon. Albert M. Rosenblatt, for our 2017 gala film Get to Know the Four Presiding Justices of the NYS Appellate Divisions when he served as Acting Presiding Justice of the First Department, Justice Tom spoke about his upbringing and burgeoning interest in a law career.

Justice Tom currently serves as Associate Justice of the Appellate Division, First Department. He began his career as a judge in the Housing Court of the City of New York over 30 years ago, where he was the first Asian-American appointed to the court. Justice Tom is also the first Asian-American to win the New York City Golden Gloves Boxing Championship.

In this film, Justice Tom talks about his years as a young immigrant in tough NYC neighborhoods, his amateur boxing career, and his career trajectory to the First Department. This mini-oral history offers an insightful look at a prolific member of New York State’s bench.

[youtube https://www.youtube.com/watch?v=qKMnhwtgejQ&w=560&h=315]

Get to Know: Hon. Randall T. Eng

May 9, 2018October 24, 2018Historical Society of the New York CourtsUncategorized, Asian/Pacific American Heritage Month, New York Legal History, New York State Judges, Oral Histories1 Comment

May is Asian/Pacific American Heritage Month, and last year, the Society had the terrific fortune to interview two pioneering Asian-Americans in the New York State Judiciary – Hon. Randall T. Eng and Hon. Peter Tom – for its 2017 gala film Get to Know the Four Presiding Justices of the NYS Appellate Divisions. Interviewed by Society President Hon. Albert M. Rosenblatt, both Justice Eng and Justice Tom gave insight into their lives and careers in these mini oral histories.

We start this celebration of Asian-Americans in the law with Hon. Randall T. Eng. Justice Eng retired after more than three decades on the bench, having been the first Asian-American appointed to the Criminal Court of the City of New York in 1983. Most recently, in another first, Justice Eng served as Presiding Justice of the Second Department. In addition to his judicial service, Justice Eng was a member of the New York Army National Guard from 1970 to 2004.

In this film, Justice Eng reflects on his family background and how he was drawn to the law at an early age, as well as how he had to deal with stereotypes as he progressed in his career. This film provides a fascinating personal look at one of New York’s top jurists.

[youtube https://www.youtube.com/watch?v=XC907JaZXic&w=560&h=315]

Drawing Circles & Hexagons Upon the Square: NY Civic Center & Progressive-Era Reform in the U.S.

April 25, 2018October 24, 2018Historical Society of the New York CourtsUncategorized, New York Legal History, Public Events1 Comment

Photo: 1913 postcard showing original design of the New York County Courthouse by Boston architect Guy Lowell

On February 27, the Society held History of Foley Square: New York Legal Landmarks & Civic Reform at the New York City Bar Association. This public program described the migration of court buildings to Foley Square, architectural concerns surrounding the Square’s creation, and the role of city planner George McAneny in this development. Robert Pigott, Esq., Prof. Jon Ritter, and Prof. Charles Starks. Second Circuit Judge Hon. Dennis Jacobs joined the panel discussion after the presentations, which was moderated by our President Hon. Albert M. Rosenblatt.

If you didn’t have a chance to come to the event, which drew a mix of lawyers, judges, historians, architects, and genealogists, you’re in luck! We filmed the entire program, and in a series of three blog posts, we will post the three presentations along with a little background information. This is the second of three.

[youtube https://www.youtube.com/watch?v=LUwuz2SAfK4]

From City Hall Park to Foley Square: Government Buildings Take a Step Uptown

March 28, 2018October 24, 2018Historical Society of the New York CourtsUncategorized, New York Legal History, Public Events1 Comment

On February 27, the Society held History of Foley Square: New York Legal Landmarks & Civic Reform at the New York City Bar Association. This public program described the migration of court buildings to Foley Square, architectural concerns surrounding the Square’s creation, and the role of city planner George McAneny in this development. Robert Pigott, Esq., Prof. Jon Ritter, and Prof. Charles Starks presented. Second Circuit Judge Hon. Dennis Jacobs joined the panel discussion after the presentations, which was moderated by our President Hon. Albert M. Rosenblatt.

If you didn’t have a chance to come to the event, which drew a mix of lawyers, judges, historians, architects, and genealogists, you’re in luck! We filmed the entire program, and in a series of three blog posts, we will post the three presentations along with a little background information. This is the first of three.

[youtube https://www.youtube.com/watch?v=G7rtkraJeRw]