After nearly 10 years as a Commercial Division justice and now nearly four years as an associate justice in the Appellate Division, Second Department, I read with interest the article by Justice David Saxe of the First Department, "Improving Appellate Review of Commercial Division Litigation," (NYLJ, Jan. 23).
Were it a decision, I would respectfully concur in part and dissent in part. Where we agree is that there is a need to improve the understanding of complex commercial issues which confront us, on both the trial and appellate levels. But that is no less true with regard to electronic discovery, medical issues, matrimonials involving no-fault divorces and pendente lite support and a myriad of other evolving areas of the law. One can only imagine the technological issues judges will have to face when litigations involving fracking and its environmental impact are filed.
