Anthony Lin of the NYLJ today reports a recent decision of Justice Edmead of Supreme Court, New York County. It is either an appalling story of gender bias and all around smarmy behavior or some simple transcriptional errors. Was it "hon" or "hun." Calling the adversary Attilla the Hun [as the attorney claimed] might even be good. Here is the story:
"A New York judge has ordered court supervision of a lawyer for "objectionable conduct" toward a female opposing counsel who he said had a "cute little thing going on" during a deposition.
According to transcripts of the deposition, Thomas B. Decea of Danzig Fishman & Decea in White Plains also called Michelle A. Rice of Arkin Kaplan & Rice "hon" and "girl" and asked her why she was not wearing a wedding ring. The judge said Mr. Decea’s behavior reflected gender bias as well as "a lack of civility, good manners and common courtesy." She said the appointment of a referee was a means of "guarding against future objectionable conduct" by Mr. Decea.
But Mr. Decea yesterday denied acting inappropriately. He vowed to appeal Justice Edmead’s decision and said many of his comments were wrongly transcribed or taken out of context. He also accused the judge of violating his right to due process by not providing him with copies of the deposition transcripts on which she based her order.
The underlying case is a legal malpractice suit filed by a hedge fund against its former law firm. Mr. Decea, 48, was the lawyer for hedge fund Laddcap Value and its manager, Robert B. Ladd; Ms. Rice, 46, was representing the fund’s former firm, Lowenstein Sandler of Roseland, N.J. This is not a white collar interview that you’re sitting here interviewing something with your cute little thing going on," Mr. Decea said, according to the transcript, later telling her it was "nothing personal, dear."
After Ms. Rice told Mr. Decea she thought his comments were indeed personal and offensive, he said: "Your skin is getting thin now."
At another point in the deposition, Mr. Decea referred to Ms. Rice as "hon." After she questioned his use of the term, Mr. Ladd jumped in to suggest that Mr. Decea had meant Hun "[a]s in Attila" and that the remark was not personal.
"As in Attila? I don’t even understand that," Ms. Rice replied.
Later in the deposition, Mr. Decea questioned Ms. Rice’s ability to try the case.
"You better get somebody else here to try this case, otherwise you’re going to be one sorry girl," he said. "