T H E G O T H A M C I T Y

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TO OUR READERS

This year’s hurricane season was oneof the worst in recent memory.

Hundreds of people on the Gulf Coastdied, thousands were displaced and thecost of property loss and damage toinfrastructure has yet to be fully realizedbut will probably run into the billions.

And it wasn’t just a local tragedy. Theentire nation has had to cope with anunprecedented increase in the price ofgas. Meanwhile, homeowners brace forwinter heating bills that are likely toincrease by 50%.

Perhaps the only bright side to theseevents is that they have raised awareness ofthe need for all Americans to conserveour energy resources at every opportunity.

In our Fall issue, we look at some localresponses to the energy crisis. In TheNews reports a new law that will bite backat energy hungry appliances in Living inNew York; we profile the city’s first “green”subway.

Also in this issue, The Gotham CityInspector welcomes Hon. Jules Spodekas guest contributor. The retired judgeenlightens us on resolving disputes in the21st century.

The holiday season is coming, and withthat, the most common holiday relatedhazard: electrical fires from tree lights.We all know how to get into our homes,but if there’s a problem, you’d betterknow how to get out. It’s not as simple asyou think. Inspector’s Diary tells how.

As always, we appreciate your interest inthe Gotham City Inspector and welcomeyour comments and suggestions.

A happy, healthy, safe and energyconscious holiday to you all!

Sincerely,Emily Hoffman, Editor

LIVING IN NEW YORK:CITY GETS ITS FIRSTSOLAR SUBWAYWhen you think of the subway,you don’t usually think aboutsolar energy. After all, most ofthe time, the trains rununderground. But one station inBrooklyn has taken advantage of its above ground status to become oneof the most environmentally friendly mass transportation sites everbuilt in the United States.

The newly reconstructed, subwaystation at Stillwell Avenue, ConeyIsland, Brooklyn is the city’s firstsolar-powered train terminal. Thestation’s 76,000-square foot state-of-the-art solar roof is expected tocontribute approximately 250,000-kilowatt hours a year to its non-traction power needs.

The new arched solar roof,consisting of 2,730 building integrated photovoltaic panels covers thefull width of the station and doubles as a canopy to protect riders frominclement weather.

The solar panels consist of thin films of amorphous silicon laminatedonto glass, and are themselvesthe largest thin-film solar panelsin the world: each panelmeasures 5 feet by 20 feet.

The changes at the StillwellAvenue Terminal are part of thetransit system's effort to meet aNew York State executive orderon green buildings and vehicles.

www.AccurateBuilding.com

Energy Hint #43: An Idea in a Light BulbLighting accounts for about 15% of the average home’s electric use. New screw-incompact fluorescent bulbs can replace the incandescent bulbs most of us use.Fluorescent bulbs are more expensive initially, but they last 10 times longer and use75% less electricity. Therefore, two 100-watt incandescent bulbs burning five hours perday for 30 days will use 30,000 watts or 30-kilo watt-hours (kWh) of electricity. Two 29-watt fluorescent bulbs that would produce the same amount of lighting could reduceelectric usage to 8.7 kWh per month, which would save about $40.00 per year inelectricity costs.

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THE TRIAL COURTS Since the founding of this country,courts have helped citizens resolve disputes that they wereunable to resolve themselves. The method used was basedupon British common law and adopted inthis country. The laws worked quite well inthe simple life of colonial times and inearly America.

But as our society became morecomplex and sophisticated, the courts wererequired to adapt to the changes. So manynew types of lawsuits were established thatat the end of World War II, the courts wereoverwhelmed by the amount of civillitigation they had to deal with. By the endof the twentieth century, the courts had responded bydeveloping new methods to meet the trend of growth.

The most formal method of dispute resolution is thecourt system. Strict rules of evidence apply. Formaldiscovery takes place. The trial itself makes use of all kindsof expert testimony and technical exhibits. Juries areutilized. Various types of motions are available and usefuldiscovery takes place. When a verdict is reached, variousmotions and appeals are available to correct any errorsmade during the trial. From the time lawsuit papers areserved until the case reaches trial can take anywhere froma year to four or five years to verdict! The trial itself can takemany days with great expense for attorney’s fees and experttestimony when needed. ARBITRATION The process of arbitration, which is usuallybinding, is not as formal as the process used by the trial courts.It is, however, more formal than mediation (see below). Ahearing can usually be arranged in less than a month.

While rules of evidence are utilized, they are greatlyrelaxed. Often the only witnesses are the partiesthemselves. One of the advantages of arbitration is thesavings of not using expert testimony and the resultantreduced attorneys’ fees. Rather, experts’ reports may beused, as well as various types of records, reports andmedical film exhibits.

The parties can agree that the neutral arbitrator canmake a definitive award or no award at all. In recent years,a “high/low” means of dispute resolution has been used.That’s when the parties themselves, or with the help of thearbitrator, set the parameters of the resulting arbitration.That assures that the plaintiff will receive at least anamount that would be better than losing completely, if thedefense prevails. If the defense loses, it will not be asdevastating as a runaway verdict or, where a policy ofinsurance is involved, a resolution that will be less than thelimits of the policy.

Unless difficult and complicated issues are involved, thehearing is usually resolved in one relatively short session.There are no minutes taken of the hearing that assuresconfidentiality not available in a plenary trial. There is noappeal from the determination, so the matter is concludedswiftly and with finality.MEDIATION The mediation process is the simplest andmost informal procedure of all. Except for criminalmatters, every type of dispute may be mediated. The entireprocess is non-binding. Examples of mediated issues are:employment, libel and slander, product liability,

intellectual property, professional malpractice, breach ofcontract, real estate disputes, and sexual harassment. Notestimony is taken. No rules of evidence are applicable.

The litigants themselves are not usuallypresent in the room when the mediationis taking place, but are nearby or availableby telephone.

There is a presentation andquestioning process. All issues of liabilityand damages are perused with all sidespresent. Then, the mediator will usuallyspeak privately and separately with eachside, trying to convince them theweaknesses of their case or the strengths of

the opponent’s. The mediator may impart his view andopinion, though usually privately.

The overwhelming majority of cases going to mediationare settled. This can all be accomplished within a relativelyshort span of time, with great savings in cost and time.

It is of prime importance that each side must trust themediator. Each side must understand that the mediatorhas a good understanding of the issues of both liability anddamages in order to conclude a successful mediation. SUMMARY JURY TRIALS During the past several years, inNew York State, starting in the Buffalo area and migratingnow to New York City and the surrounding counties, a newform of dispute resolution emerged: the summary jury trial.

With the cooperation of the court system, an actual trial isconducted with the use of jurors from the normal jury poolin the county where the summary jury trial is to take place.An abbreviated jury selection takes place with each sidelimited to two challenges and the process limited to fifteenminutes for each side. A brief opening charge is given to thejury and opening statements are limited to ten or fifteenminutes for each side. No minutes are taken and nothingsaid during the trial may be used at a later proceeding.Summations are limited to fifteen minutes. Each side ispermitted to have only two witnesses who are examined bothunder direct and cross-examination. All reports are receivedin evidence without formal authentication. The Judge orJudicial Hearing Officer gives a short charge and the jurythen deliberates. A verdict is reached.

All is usually completed within one day and at minimumexpense. The results are non binding unless the partiesagree otherwise. If the parties agree beforehand to havethe results binding, usually with the use of a high/lowarrangement that the jury is unaware of, there is no appealand judgment is absolute.

If the results are unsatisfactory to either side, either partycan opt to go to regular trial. Summary jury trials have beensuccessfully utilized for all types of cases. It is worthrepeating that rarely have any of the cases going tosummary jury trial ever gone to verdict.Jules L. Spodek is retired from the bench after 30 years, starting in the Civil Court

and spending his last 24 years in the NY State SupremeCourt. He has tried all types of cases including criminal,commercial, real estate and tort cases such as cases of leadpoisoning and medical and legal malpractice. Judge Spodekcurrently is a Judicial Hearing Officer (JHO) in KingsCounty where he supervises other JHOs. He is also involvedin private mediation and arbitration on a variety of issues.

1Judicial Hearing Officers, usually retired Judges, are utilized as are sitting Judges

RESOLVING DISPUTES IN THE TWENTY FIRST CENTURY©

BY HON. JULES L. SPODEK (RET)

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Inspector’s Diary: TheGreat Holiday EscapeThe holiday season is comingand many homes will havemenorahs with candles orevergreens with colored lights.Whatever your persuasion, fire isan equal opportunity hazard.It’s important to use lights,candles and outlets safely, and toknow your exit plan if there is aproblem. Here are somesuggestions:

1. Always unplug your tree lightsbefore you go to bed or leavethe house. Make sure yourmenorah is placed on a safe,fireproof surface.

2. Do not overload electricaloutlets or circuits. Use heavy-duty extension cords for airconditioners and other largeappliances. Avoid overloadingoutlets by using power strips.Remember: anything thatmakes heat or cold draws a lotof electricity, including A/C,refrigerators, irons, toasters.

3. Codes require fire escapes to befree of encumbrances such asplants and barbecues. Also, anair conditioning unit may not beplaced in the window used foregress to the fire escape.Fire escapes must be in goodworking order, which means theowner of a dwelling must repairany corrosion and repaint it withtwo contrasting colors. Also, thefire escape can have no missingsections (handrail, guardrail,treads, rungs and drop downladder must be hung up andtightened).

4. Test your smoke detector twicea year to make sure it'soperational. (Reminder: Atdaylight saving clock change,test the detector), Fall back,and Spring ahead!

5. Remove any double cylinderlocks from your apartmententrance door (these locksneed a key to open the doorfrom the inside.) In case of afire or other emergency youcould be trapped inside if youneed a key to get out and youcan’t find it.

6. Have a family fire drill once ayear. Don’t assume your lovedones know how to exit the home.Better safe than sorry.

PSA: The Gift of GivingHurricanes Katrina and Rita may no longerbe in the headlines, but the plight of thoseaffected by the storms continues. TheGotham City Inspector reminds you to thinkabout those less fortunate then yourself thiscoming holiday season. There are manylegitimate organizations still offeringhurricane relief.

Here are a few:

UNICEF www.unicefusa.orgAmeriCares www.AmeriCares.org

Save the Children www.SaveTheChildren.orgASPCA www.aspca.org

IN THE NEWS: Governor a Fan of Energy Efficiency

The government is getting on the energy saving bandwagon withlegislation that will not only encourage New Yorkers to become moreaware of energy conservation, but will also reward them for doing so.

This past July, New York Governor George Pataki signed a bill that setenergy efficiency standards for household appliances and electronicequipment that are not covered by federal efficiency standards. Thisincludes ceiling fans and ceiling light kits; furnace air handlers;commercial washing machines; commercial refrigerators, freezers, andicemakers; touchier lighting fixtures; unit heaters; reflector lamps; largeair-conditioning equipment; and other commercial and household items.

The state expects these new standards to save up to 2,096 gigwatt-hours ofelectricity per year. That’s an amount equal to the energy required topower 350,000 homes and means the state's consumers will save $284million annually through lower energy bills.

With the Appliance and Equipment Energy Efficiency Standards Act of2005, New York joins Arizona, California, Connecticut, Maryland, andNew Jersey who have already adopted similar efficiency standards.

Also In the News…Tax Happy PVOne alternative to our dependence on fossil fuel is solar (photo voltaic, orPV) energy. More and more, we’re seeing support for this clean andreliable option.

For example, federal and state governments recently joined together tooffer additional tax incentives to help promote the installation of SolarElectric equipment:

Effective September 1, 2005, New York State eliminated the State portionof the sales tax on PV equipment purchases.

New York State currently offers a tax credit of up to 25% of the net costsfor the installation of a PV system. The current incentive has a cap of$3,750.

The Federal government is offering residential customers (from 1/1/06to 12/31/07) up to a 30% tax credit (with a cap of $2,000) for PV andbusiness customers are being offered (from 1/1/06 to 12/31/07) up to a30% tax credit (with no cap) for PV.

N E W S L E T T E R

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NEWSLETTER HEADLINES:

• NEW YORK PUTS ENERGY HUNGRY APPLIANCES ON A DIET

• UP IN THE SKY: IT’S A BIRD, IT’S A PLANE, IT’S PV IN CONEY

• INSPECTOR’S DIARY: HOUDINI IN THE HOUSE

• RESOLVING DISPUTES IN THE 21ST CENTURY

• PSA: A HOLIDAY GIFT FOR THOUSANDS

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