Traditionally, prefaces to the New York Reports have been limited to the departure of Colleagues and to historic events like the Court's 150th anniversary. Carrying forth this tradition, the Judges of the Court of Appeals have determined that this volume of the New York Reports should open with a note on the tragic events of September 11, 2001, which have touched us profoundly in every imaginable way.

     We begin with our personal loss as a court family. When terror erupted at the World Trade Center in lower Manhattan that unforgettable morning, heroic rescuers — including police, firefighters and court officers — rushed to the scene to assist in the evacuation and save lives. Of the dozens of valiant court officers who raced to what became known as Ground Zero, three brave colleagues did not return: Captain William Harry Thompson, Senior Court Officer Thomas Jurgens and Senior Court Officer Mitchel Wallace. As we express unending debt to all of the rescuers, we join the families of Harry, Tommy and Mitch in mourning the loss of three exceptional individuals we will carry in our hearts always.

     As we learned in the ensuing days, close to 60 members of our court family lost loved ones — spouses, children, siblings, cousins, close family and friends — firefighters, police officers, World Trade Center employees, investment bankers, lawyers. One Court Clerk in Queens County lost two firefighter sons. This isn't the way it was supposed to be for any of these good, kind, decent people, or for us.

     Remarkable even as I write this, months after September 11, is the spirit that immediately overtook us — as a nation, as the State and City of New York, and as a court system. Red-eyed and somber, our Judges and court personnel in lower Manhattan nonetheless returned to the courthouses at the first opportunity, resolved not to capitulate to the forces of terrorism but to open our Houses of Justice even as the smoke and smell of 9-11 lingered in the air. Jurors, too, came in droves, determined to show the world the high value New Yorkers place on our justice system.

     For several reasons my Colleagues wished to have this tribute open the New York Reports. First, of course, we join our fellow New Yorkers and citizens around the world in expressing sympathy to the families and friends of all of the victims of September 11, 2001. Second, we pay tribute to the heroes of our own family — those who lost their lives, those who risked their lives, and those who persevere every single day in our courthouses to render justice to their fellow citizens.

     Finally, the ensuing pages of this volume are, in a sense, a portrait of New York life. True, they generally deal with the sadder side of New York life. What brings people to court, after all, are problems: crimes, personal injuries and property losses, breached agreements, failed families, the government's broken promises. In human life, always there are disputes, always there is wrongdoing. But what is significant — exemplified by this volume — is that in New York, as in America, these problems are brought to and resolved by courts applying the rule of law fairly and impartially. Indeed, our society is built on the perception — and the fact — that our daily conduct is governed by the rule of law, applied fairly and impartially. Overwhelmingly, as a society we respect it, and we abide by it.

     September 11 marked a savage attack on our people, our institutions and our values. By this tribute we honor our heroes, as well as the values for which they gave so selflessly.

(96 NY2d vii)

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