Ira Gammerman Explained

Ira Gammerman
Office:	Justice, New York Supreme Court, Manhattan
Birth Date:	July 30, 1927
Birth Place:	New York City, US
Death Date:	January 26, 2019 (aged 91)
Death Place:	New York City, US
Term Start:	1983
Term End:	2004
Office2:	Judge, New York City Civil Court
Office1:	Judicial Hearing Office, New York Supreme Court, Manhattan
Termend2:	1983
Termstart2:	1979
Term1:	2004-2018
Education:	Columbia College (1947), Columbia Law School (J.D. 1950)

Ira Gammerman (July 30, 1927 - January 26, 2019) was an American judge who served as a trial division judge on the New York Supreme Court in Manhattan for over 20 years, and then for another 14 years as a Judicial Hearing Officer after his judicial retirement. He was one of the first specialized business court judges in New York City and the United States. He oversaw thousands of cases, including numerous high-profile cases.

Judicial service

Gammerman was first elected in 1979 as a judge to the New York City Civil Court where he served until 1983. In June 1983, he was appointed as a justice of the New York Supreme Court in Manhattan, and was elected to that position later in 1983.^{[1] [2] [3] [4] [5]}

In 1993, Administrative Judge Stanley S. Ostrau established pilot Commercial Parts in the New York County (Manhattan) Supreme Court.^[6] This was a specialized business court program with a jurisdiction focused on disputes of a business and commercial nature. The original four judges assigned to this pilot business court were Gammerman, Myriam Altman, Herman Cahn, and Beatrice Shainswit,^[7] with Walter M. Schackman replacing Altman in 1994.^[8] Gammerman began actively handling pilot part cases as a business court judge on January 4, 1993.^[9]

Two years later, New York Chief Judge Judith S. Kaye established a Commercial Division within the Supreme Court. The new Commercial Division was first established in Manhattan's Supreme Court,^[10] and in the 7th Judicial District (Rochester, Monroe County) Supreme Court.^[11] Like the pilot commercial parts, the new Commercial Division had a specialized jurisdiction focusing on complex business and commercial disputes, with one specialist business court judge overseeing a case from beginning to end. As to judges selected to the Commercial Division, "[t]he caseload of the Division is ... very demanding, requiring of the court scholarship in commercial law, experience in the management of complex cases, and a wealth of energy."^{[12] [13]}

In 1995, the four commercial pilot part judges (including Gammerman), plus Justice Stephen G. Crane, became the first five justices assigned to the new Manhattan Commercial Division.^{[14] [15]} Gammerman continued to serve in the Commercial Division until his mandatory judicial retirement in 2004 at age 76, altogether serving over ten years as a business court judge.^[16]

Gammerman continued to serve on the Supreme Court and the Commercial Division beyond judicial retirement, in the role of Judicial Hearing Officer (JHO). A person has to have been a judge or justice to be accepted as a JHO under New York law.^[17] Further, even if accepted by the court as a JHO, an individual can only serve as a JHO in a specific case if all parties consent, meaning that parties would now be choosing Gammerman to oversee or rule in their cases.^{[18] [19]}

As a JHO, Gammerman could be called upon to make the same kinds of decisions he would make as a judge. He continued carrying a significant volume of cases in the Commercial Division, while also presiding over some non-commercial matters in the Supreme Court's general assignment part.^{[20] [21]} Gammerman was still serving as a JHO until his 2018 retirement, less than a year before his death in January of 2019.^{[22] [23] [24]}

As a judge and JHO, he was known for his industriousness, decisiveness, alacrity, wit, and intelligence.^{[25] [26]} Gammerman served on the Association of Justices of the Supreme Court of the State of New York's Pattern Jury Instructions Committee for 25 years, being described by Justice Helen Freedman as a "dominating force" on that committee.^[27] He also was a member of Chief Judge Judith Kaye's jury selection reform project.^[28]

Noteworthy cases

Gammerman heard thousands of cases in his career as a judge and JHO. He oversaw or decided a considerable number of high-profile lawsuits in the New York Supreme Court, including the following, among others;

• a wrongful death suit by Andy Warhol's estate against New York Hospital (1991)^[29]
• A DES (diethylstilbestrol) lawsuit against pharmaceutical companies brought by 11 women whose mothers had taken that drug during pregnancy, to the detriment of daughters born to them (1994)^[30]
• a suit by The Ronettes against American Express and ad agency Ogilvy and Mather over use of the song Be My Baby (1995)^[31]
• a suit between actress Joan Collins and the publisher Random House Books (1996)^{[32] [33]}
• a financial dispute between Leona Helmsley and Peter L. Malkin concerning control of the Empire State Building (1997)^[34]
• class action lawsuits against software maker Intuit based on Year 2000 concerns over potential catastrophic software failures (1998)^[35]
• a suit over royalty payments allegedly due from recordings made by Jimi Hendrix^[36]
• a dispute over the city's effort to avoid strict zoning limits on residential developments in Manhattan's SoHo neighborhood that only allowed for housing "artists-in-residence" (1999)^[37]
• a suit by then New York Attorney General Dennis Vacco against the Apollo Theater Foundation, whose board was headed by Congressman Charles B. Rangel, to put the famed Apollo Theater into receivership (1999), in which Gammerman allowed Percy Sutton to intervene^{[38] [39]}
• a suit involving investment bank Salomon Smith Barney's right to advise North Fork Bancorp on a $1.88 billion hostile takeover bid for Dime Bancorp (2000)^[40]
• a suit by American composer and lyricist Stephen Sondheim and writer John Weidman against producer Scott Rudin over the production of a play^[41]
• a dispute over insurance coverage between AXA Reassurance and Chase Manhattan Bank in connection with losses on the 2000 movie, The Crew^[42]
• filmmaker Woody Allen's lawsuit against film producer Jean Doumanian for money allegedly owed from a number of movies they made together (2002)^[43]
• a dispute over the disposition of $417.5 million raised in stock sales by WellChoice, the holding company for insurance company Empire Blue Cross and Blue Shield, in the context of converting from a non-profit to a for-profit entity (2002)^{[44] [45]}
• a suit brought by Fox News when its news anchor Paula Zahn moved to CNN (2002)^{[46] [47]}
• a civil case in which Gammerman recused himself after learning one of the parties, real estate developer Abraham Hirschfeld, had allegedly sought to have Gammerman killed by a hitman (2002)^{[48] [49] [50]}
• a suit between comedian and actress Rosie O'Donnell and her publishing partner over the failed Rosie magazine (2003)^{[51] [52]}
• a constitutional challenge to the charter of the Greek Orthodox Church (2004)^[53]
• a dispute over disposition of a restaurant developed for the reality television series The Restaurant (2004)^[54]
• a suit by investor Jean-Pierre Lehmann against The Project over access/purchase rights to the artwork of Julie Mehretu (2005) ^[55]
• a suit by then New York State Attorney General Eliot Spitzer against Entercom Communications for alleged pay-to-play radio practices (2006)^{[56] [57]}
• a breach of contract dispute between radio and television personality Howard Stern and the broadcast network CBS (2006)^[58]
• a suit between the Milstein real estate family and Prince Faisal ibn Khalid of Saudi Arabia and Pakistan Airlines Investments concerning financial obligations around the famous Roosevelt Hotel in New York (2006)^[59]
• a lawsuit by news host, reporter, and anchor Dan Rather against the CBS network (2009)^{[60] [61] [62]}
• a suit brought by Prince Jefri Bolkiah of Brunei (a brother of the Sultan of Brunei) against his former lawyers (2010)^[63]

Legal practice

Gammerman was admitted to law practice in New York in 1950.^[64] As a lawyer in private practice, he practiced labor law in representing trade unions, and he tried personal injury cases.^[65]

Education

Gammerman received his undergraduate degree from Columbia College in 1947, and his Juris Doctor degree from Columbia Law School in 1950.^{[66] [67]}

Positions and honors

Gammerman held the following positions or received the following honors, among others;

• Pattern Jury Instructions Committee, Association of Justices of the Supreme Court of the State of New York
• Member, Chief Judge's jury selection reform project
• Jurist of the Year, Metropolitan Black Bar Association (2005)
• Louis J. Capazzoli Gavel Award, New York County Lawyers Association (2004)

Notes and References

1. Supreme Court of the State of New York Commercial Division, Biographies of the Justices, Hon. Ira Gammerman, Fifth Anniversary of the Establishment of the Commercial Division, November 8, 2000
2. News: Margolick . David . 1983-02-27 . SUIT FILED TO ABOLISH MEDICAL MALPRACTICE PANELS . 2024-08-10 . The New York Times . en-US . 0362-4331.
3. News: 1983-10-15 . THE CITY; AIDS Doctor Gets Stay of Eviction . 2024-08-10 . The New York Times . en-US . 0362-4331.
4. News: Lynn . Frank . 1983-09-26 . BRONX LIBERAL LEADER TO SUPPORT 2 JUDGES REJECTED BY DEMOCRATS . 2024-08-10 . The New York Times . en-US . 0362-4331.
5. News: 1978-11-09 . Court Elections in the City . 2024-08-11 . The New York Times . en-US . 0362-4331.
6. Web site: Stanley Ostrau . 2024-05-12 . Historical Society of the New York Courts . en-US.
7. News: Felsenthal . Edward . It's All Business For Novel Court Now in Session, Wall Street Journal (January 15, 1993).
8. Wise . Daniel . January 9, 1995 . Commercial Parts Earn High Marks . New York Law Journal . 215 . 5.
9. Buchanan . Rosemarie . March 1993 . All-biz court zaps a bunch, The News Front . Business Law Today . 2 . 4 . 49.
10. Web site: Commercial Division - NY Supreme Court - New York County Home . live . https://web.archive.org/web/20190226103433/http://www.nycourts.gov/COURTS/ComDiv/NY/newyork.shtml . 2019-02-26 . 2019-03-02 . www.nycourts.gov.
11. Web site: Commercial Division - 7th Judicial District, New York State Unified Court System .
12. Web site: Supreme Court - Commercial Division - History . live . https://web.archive.org/web/20190211152517/http://www.nycourts.gov/courts/comdiv/history.shtml . 2019-02-11 . 2019-03-02 . www.nycourts.gov.
13. Web site: PART 202. Uniform Civil Rules For The Supreme Court And The County Court NYCOURTS.GOV . live . https://web.archive.org/web/20190311145022/http://ww2.nycourts.gov/rules/trialcourts/202.shtml#70 . 2019-03-11 . 2019-03-02 . ww2.nycourts.gov.
14. Wise . Daniel . October 11, 1995 . Supreme Court Commercial Division Set Up . New York Law Journal . 1, 6.
15. Web site: Crane . Administrative Judge Hon. Stephen G. . November 7, 1996 . Supreme Court Civil Branch New York County Commercial Division .
16. Web site: 2019-01-28 . Ira Gammerman, a Commercial Division Founder, Dies at 91 . 2024-08-10 . Yahoo Finance . en-US.
17. Web site: Section 850 - Designation of judicial hearing officers, N.Y. Jud. Law § 850 Casetext Search + Citator . 2024-08-10 . casetext.com.
18. News: Carr . David . 2004-04-13 . In His Court, He's Judge, Lawyer and Director; Verdicts and Wisecracks at a Speedy Clip . 2024-08-10 . The New York Times . en-US . 0362-4331.
19. Loomis . Tamara . November 4, 2003 . Take-Charge Judge Is Ture to His Reputation in the 'Rosie' Dispute . New York Law Journal . 1.
20. Web site: Zambito . Thomas . 2011-03-31 . Dozens of retired judges working as part-time judicial hearing officers are laid off . 2024-08-10 . New York Daily News . en-US.
21. Web site: Grant . Jason . January 28, 2019 . Ira Gammerman, a Commercial Division Founder, Dies at 91 . 2024-08-11 . New York Law Journal . en.
22. Web site: News and Announcements, New York State Unified Court System, 1st JD Supreme Court, Civil Branch, New York County .
23. Web site: Mendez . Judge Manuel J. . September 26, 2018 . ASRR Suzer 218, LLC v Barbes Rest. Inc., Supreme Court New York County, 2018 NY Slip Op 32395(U), Docket Number: 650154/17 .
24. Web site: February 4, 2019 . In Memorium: Ira Gammerman, New York City Bar 44th Street Notes Week of February 4, 2019 . 2024-08-11 . www2.nycbar.org.
25. Web site: Haig . Robert L. . May 15, 2019 . Fondly Remembering Justice Ira Gammerman: He Was 'New York County’s Rocket Docket' . 2024-08-11 . New York Law Journal . en.
26. Fall 2004 . Rules, Guidelines, and Personal Preferences: Commercial Division Judges Discuss Procedural Issues in Complex Litigation . NYLitigator . 9 . 1 . 18–34.
27. Web site: Freedman . Helen . May 20, 2019 . Noting Justice Gammerman's Contribution to Jury Instructions . 2024-08-10 . New York Law Journal . en.
28. McMahon . Colleen . Kornblau . David L. . 1995 . Chief Judge Judith S. Kaye's Program of Jury Selection Reform in New York . St. John's Journal of Legal Commentary . 10 . 2 . 264.
29. News: 1991-12-23 . Warhol Heirs Settle Suit With Hospital . 2024-08-11 . The New York Times . en-US . 0362-4331.
30. News: The Associated Press . 1994-01-09 . Jury Awards $42.3 Million To Women in Drug Lawsuit . 2024-08-10 . The New York Times . en-US . 0362-4331.
31. News: Newman . Melinda . April 8, 1995 . Ronettes win a round in legal bout . Billboard.
32. Web site: February 29, 1996 . Judge to Random House: Give Joan $1.2M - UPI Archives . 2024-08-10 . UPI . en.
33. Web site: 1996-02-29 . JUDGE THROWS THE BOOK AT PUBLISHER: COLLINS GETS MORE . 2024-08-10 . Chicago Tribune . en-US.
34. News: Bagli . Charles V. . 1997-06-26 . Court Date Is Set In Helmsley Fight . 2024-08-11 . The New York Times . en-US . 0362-4331.
35. News: 1998-12-08 . Year 2000 Suit Against Intuit Is Dismissed . 2024-08-10 . The New York Times . en-US . 0362-4331.
36. Lichtman . Irv . May 1, 1999 . Judge drops key elements of PPX's Hendrix suit. . Billboard . 118 . 18.
37. News: Stamler . Bernard . 1999-01-24 . NEIGHBORHOOD REPORT: SOHO; Judge Blocks Artist-less Buildings . 2024-08-11 . The New York Times . en-US . 0362-4331.
38. Browne . J. Zamgba . February 25, 1999 . Vacco suit thrown out; Rangel, Sutton vindicated: Victory for Apollo . New York Amsterdam News . 90 . 9.
39. Boyd . Herb . July 15, 1999 . Percy Sutton intervenes in state action against Apollo Foundation . New York Amsterdam News . 90 . 29.
40. News: 2000-04-06 . Takeover Advice Barred, Bloomberg News . 2024-08-11 . The New York Times . en-US . 0362-4331.
41. News: McKinley . Jesse . 2001-12-05 . Sondheim Sues to Proceed With His Show 'Gold!' . 2024-08-11 . The New York Times . en-US . 0362-4331.
42. McLeod . Douglas . December 17, 2001 . Film litigation not following AXA's script . Business Insurance . 35 . 51.
43. Web site: 2002-06-11 . Woody Allen Lawsuit Settled . 2024-08-10 . CBS News . en-US.
44. News: Freudenheim . Milt . 2002-11-09 . Judge Freezes Proceeds Raised From Health Insurer's Stock Sale . 2024-08-10 . The New York Times . en-US . 0362-4331.
45. News: Freudenheim . Milt . 2002-10-09 . State Gives Empire Blue Cross Approval for a For-Profit Switch . 2024-08-10 . The New York Times . en-US . 0362-4331.
46. News: Carter . Bill . 2002-03-26 . Judge Dismisses Fox News Suit Over Anchor's Defection to CNN . 2024-08-10 . The New York Times . en-US . 0362-4331.
47. News: Carter . Bill . 2003-05-01 . Fox Loses Round in Its Suit Over Anchor's Move to CNN . 2024-08-10 . The New York Times . en-US . 0362-4331.
48. News: Saulny . Susan . 2002-08-03 . Hirschfeld Suspected of Ordering Deaths of 7 More, the Police Say . 2024-08-11 . The New York Times . en-US . 0362-4331.
49. News: The Associated Press . 2002-03-19 . Metro Briefing New York: Manhattan: Judge Quits Hirschfeld Case . 2024-08-10 . The New York Times . en-US . 0362-4331.
50. Web site: Peterson . Helen . 2002-08-03 . JUDGE SHRUGS OFF THREAT . 2024-08-11 . New York Daily News . en-US.
51. News: Newman . Maria . 2003-11-12 . Rosie O'Donnell Case Ends Without a Winner . 2024-08-10 . The New York Times . en-US . 0362-4331.
52. Web site: Collins . Meghan . November 12, 2003 . No winner in Rosie O'Donnell court case . 2024-08-10 . money.cnn.com.
53. Web site: Eckstrom . Kein . 2004-08-13 . Judge Dismisses Suit Over Greek Orthodox Constitution . 2024-08-10 . Religion News Service . en-US.
54. Web site: 2004-07-27 . Rocco's restaurant to be sold or closed . 2024-08-10 . TODAY.com . en.
55. Web site: Grant . Daniel . 2005-02-01 . Investor Wins Claim Against Manhattan Gallery . 2024-08-10 . ARTnews.com . en-US.
56. Web site: . 2006-10-17 . Judge Denies Entercom Motion To Dismiss Payola Suit . 2024-08-10 . Billboard . en-US.
57. News: 2006-12-28 . Broadcaster Settles Lawsuit Over Payola, Bloomberg News . 2024-08-11 . The New York Times . en-US . 0362-4331.
58. News: 2006-05-25 . CBS and Stern Said to Have Settled Lawsuit, Bloomberg News . 2024-08-11 . The New York Times . en-US . 0362-4331.
59. News: Bagli . Charles V. . 2000-06-01 . Judge Rules Against Milsteins in Roosevelt Hotel Dispute . 2024-08-10 . The New York Times . en-US . 0362-4331.
60. News: Carter . Bill . 2009-07-22 . Rather Wins Access to Thousands of Documents in Suit Against CBS . 2024-08-10 . The New York Times . en-US . 0362-4331.
61. News: 2009-09-22 . Judge Clears Testimony by Redstone in Rather Suit Against CBS . 2024-08-10 . The New York Times . en-US . 0362-4331.
62. News: Steinberg . Jacques . 2008-04-11 . Parts of Rather’s Suit Against CBS Dismissed . 2024-08-10 . The New York Times . en-US . 0362-4331.
63. Web site: Seal . Mark . 2011-06-23 . Prince Jefri: The Prince Who Blew Through Billions . 2024-08-10 . Vanity Fair . en-US.
64. Web site: Judge Ira Gammerman - Professional Background & Legal Expertise Trellis.Law . 2024-08-10 . trellis.law.
65. Web site: Hon. Ira Gammerman, National Arbitration and Mediation .
66. Web site: Ira Gammerman · Columbia · - . 2024-08-10 . opengovny.com.
67. Web site: Our Campaigns - Candidate - Ira Gammerman . 2024-08-10 . www.ourcampaigns.com.