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Westchester Bar Journal


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Posted by: Nathan Cheatham on Dec 22, 2025

Ten policy motions led by Elisabeth Haub School of Law at Pace University students were officially adopted at the International Union for the Conservation of Nature (IUCN) World Conservation Congress, held in in Abu Dhabi, United Arab Emirates. 

Posted by: Nathan Cheatham on Dec 22, 2025

If the terms of the prenuptial agreement are unjustly unfair, the agreement can be considered void. This does not immediately apply to cases in which one spouse receives less than the other spouse. The agreement can be void if the agreement is so unjust that it leaves one spouse wholly unable to support themselves and in an incredibly disadvantaged financial position.

A postnuptial agreement allows couples to manage their financial rights and responsibilities during the marriage, including asset division in the case of divorce or death. Although New York law already outlines the default division of property in such cases, a postnuptial agreement lets the couple tailor their plan to their specific situation.

Posted by: Nathan Cheatham on Dec 22, 2025

Opinions ... have been fluid on the ethics of lawyers secretly recording clients. The American Bar Association long ago deemed the practice unethical absent law-enforcement mandate, but reversed course except where a jurisdiction outright bans recording or a lawyer falsely represents that a conversation is not being recorded. Even so, some scholars and states hew to the ABA’s original view, as does NYSBA. In 1993, the New York City Bar disagreed, reasoning that no client speaking with a lawyer in New York can have a reasonable expectation against recording, because New York requires only one-party consent.

Posted by: Nathan Cheatham on Dec 22, 2025

Rule 3404 of the New York Civil Practice Law and Rules (“CPLR”) is only two sentences long but generates considerable case law.  The statute applies by its terms only to cases in the supreme and county courts.  It allows the court to “mark off” or “strike” a case from the trial calendar as a result of the plaintiff’s failure to appear for a calendared appearance.  The striking of the case from the trial court’s calendar is not a dismissal.  No court order is issued.  Rather, a marked-off case is noted as such in the clerk’s records and thereupon becomes moribund, as if in a coma.  The case still has existence, but no activity. 

Posted by: Nathan Cheatham on Dec 22, 2025

On Thursday December 4, 2025, the WCBA's annual Holiday Party with cocktail reception and buffet was held at the cozy and festively decorated Westchester Hills Golf Club in White Plains, NY.  Members and friends enjoyed a lovely evening of tasty food, open bar, and great conversation. Everyone was happy to share this time with colleagues and friends in a joyful and welcoming environment!

Posted by: Nathan Cheatham on Dec 22, 2025

The future of this Association will not be determined by circumstance. It will be shaped by the people who care enough to show up and build it.

The WCBA has long been a leadership incubator. Many of our Past Presidents, section leaders, and committee chairs began their journey with a single “yes.” A yes to joining a committee. A yes to helping plan a program. A yes to mentoring a newer lawyer. That first yes often becomes the doorway to growth, confidence, and impact.

 

 

 

 

 

Posted by: Nathan Cheatham on Nov 26, 2025

Rule 13(a) of the Federal Rules of Civil Procedure provides that in federal courts, a defendant’s failure to interpose a counterclaim that would have related to the subject matter of the plaintiff’s complaint constitutes a waiver of the defendant’s claim.  The federal “compulsory counterclaim rule” is not the rule in state practice.  But if there is a federal action where the related counterclaim is not interposed, followed by a state action for the federally “waived” claim, the state claim under those unique circumstances is waived as well by application of res judicata (Paramount Pictures Corp. v. Allianz Risk Transfer AG, 31 N.Y.3d 64 [2018]).

Posted by: Nathan Cheatham on Nov 26, 2025

Strategic planning is not just an exercise in management; it is an act of imagination. It is about asking what we want the WCBA to become—for our members, for our profession, and for the community we serve. It is about honoring 125 years of history while embracing the opportunities that lie ahead.

Posted by: Nathan Cheatham on Nov 6, 2025

Each year, the WCBA membership elects a president, president-elect, two vice-presidents, a treasurer, secretary and three or more directors. The directors’ terms are for three years, and the officer positions are for one year.

Posted by: Nathan Cheatham on Nov 6, 2025

The WCBA recognizes and thanks our members who have served in the United States armed forces.


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