To: Kenneth E. Phillipps who wrote (490880 ) 11/11/2003 5:10:36 PM From: Hope Praytochange Respond to of 769670 The case, in 1994, concerned a fall Mr. Batra said he had from a swivel chair in his office. He sued the Brooklyn company that sold him the chair. He said the fall had left him with herniated disks, loss of height, worn-down teeth, heart damage and frustration and anger that "leaks out in certain relationships," according to court papers. He sought $80 million — for his suffering, but also for a patio bar and a game room with table-tennis and air-hockey tables "to permit activity without injury or waste of travel time," the papers said. The case was assigned to acting Manhattan Supreme Court Justice Diane A. Lebedeff, someone with whom Mr. Batra became friendly. While she was hearing the case, they occasionally shared a meal, according to interviews. More significant, she gave him several court appointments, including a 1999 case that state investigators found troubling. In that case, the judge asked Mr. Batra to evaluate whether a wealthy 94-year-old woman with Alzheimer's disease needed a financial guardian. Mr. Batra charged $400 an hour for his work, nearly double the usual rate, state investigators found. And when he determined the woman did need a guardian, Justice Lebedeff gave him that post, too, with the family's consent. All told, he made $84,753 in fees paid from the woman's assets. The investigators noted that he charged $100 for each of 80 short phone calls and never listed their subject matter. Eight lawyers involved in the swivel-chair case say that Justice Lebedeff never told them about these appointments. Leonard Chipkin, a lawyer who represented the furniture store's insurer, said she should have. "In any personal injury case, credibility is an issue," he said. "If I make a motion challenging the credibility of the plaintiff and I've got a judge who trusts this man with a great deal of money, that's something that I would have wanted to know." In an interview, Justice Lebedeff defended her conduct as appropriate and impartial. She said she could not recall whether she had disclosed the appointments in court or whether she needed to. "If I had thought it was appropriate to do so, I would have done it," she said. Mr. Batra said the judge did not need to disclose the appointments because the lawyers knew about the relationship, having sat in a hearing about the woman's case in court one day. Mr. Batra ultimately won a settlement in the swivel-chair case after six years. Defense lawyers said his case was helped by several orders from Justice Lebedeff — one of which was overturned by appellate judges who said Justice Lebedeff had not objectively reviewed the history of the case. Mr. Batra said the defendants paid him $225,000. The facts, he said, were simply on his side. "The impartiality of the court process," Mr. Batra said, "substantively cannot be toyed with."