October 18, 1998

Gerald E. Ross

Fryer & Ross

551 Fifth Avenue

New York, New York 10176

(212) 286-0099

fax 286-0495

Bar Admissions: New York State: 1968

So. & East. Dist. N.Y. 1969

1st, 2nd, 3rd, 8th Circuits various

United States Supreme Court 1973

Legal Education: University of Michigan, J.D. cum laude 1967

College Education: Univ. of Mich., MBA 1963

" " BBA (fin. & actg.) 1962

Military Service: Served to 1st Lt. U.S. Army, 1962-1965

Employment: Assoc. Dewey, Ballantine 1967--1974

" Dunnington, Bartholow & Miller 1974--1977

Sr. Attorney, J.C. Penney Company 1977--1981

Solo practice 1981--1985

Partner, Fryer, Ross & Gowen 1985-4/30, 1994

Fryer & Ross May 1, 1994--

Bar Association Memberships

and Committees: New York State Bar Association

Association of the Bar of the City of New York

Committee on Professional Discipline

Committee on Professional & Judicial Ethics

Pro Bono Legal Services: Asst. Counsel, 1st Department Judicial

Screening Committee 1992

Community Law Offices Project

of the Legal Aid Society (Trustee/Vol.) 1969 - 1979

Community Service: President, 160 West End Ave. Owners Corp. 1987--

Trustee Episcopal Diocese of New York 1993--

Standing Committee Episcopal Diocese

of New York 1995--1997

Committee to Elect a Bishop, Epis. Diocese of N.Y. 1997

Member, Corporation for the Relief of
Widows and Children of Protestant Episcopal
Clergy in the State of New York 1990--

Other Professional Service: Member, Construction Arbitration Panel, American Arbitration Association

Date of Birth: August 9, 1941

Home Address & Tel. 160 West End Avenue, Apt. 24E, (212) 362-3431

Description of Practice:

For the past eighteen years Gerald Ross has either been a sole practitioner or a partner in a three partner and now two partner firm. His practice is general and about 80% of his work is sophisticated litigation in the state and federal courts in New York City. The remaining 20% includes real estate matters, matrimonial and general corporate practice. Ross is also responsible for the administration of the firm.

Ross has represented a number or lawyers in disputes with their former law firms. This practice area arose out of his representation of Kevin Hackett in Hackett v. Milbank, Tweed, Hadley & McCloy, 86 N.Y.2d 146 (1995) involving the application of DR 2-108(A) to the Milbank firm's treatment of departing partners. The case, which was actively litigated up and down the court system for five years, turned on the balance between policies favoring arbitration and judicial regulation of attorneys. Ultimately, the Court of Appeals favored arbitration.

Insurance coverage litigation he has either handled personally or been heavily involved with includes:

American International Specialty Lines Insurance Company v. United States Olympic Committee, 219 A.D.2d 458, 631 N.Y.S.2d 40 (1st Dep't 1995) in which he successfully defended the United States' Olympic Committee's position that it was entitled to insurance coverage for a finder's fee claim;

Liberty Mutual Insurance Company v. Fordham Preparatory School et ano., Sup. Ct. Bronx Co. (pending) in which he represented Fordham Preparatory School and its general liability carrier, Lloyds, in a coverage dispute over the scope of additional insured coverage written by Liberty for Fordham's construction manager in connection with an accident on the site.

Federal Insurance Company v. Thomas R. Moore, Sup. Ct. N.Y. Co., a subrogation action in which he defended an attorney accused of improperly receiving money from his former law firm, which had been paid off by Federal. The case was settled with no liability to Moore.

Avondale Industries, Inc. v. Travelers Indem. Co., 887 F.2d 39 (2nd Cir. 1989) in which the firm represented Avondale and established that Travelers had to defend an action arising out of oil pollution of wetlands in Louisiana.

Ogden Corp. v. Travelers Indem. Co., 924 F.2d 39 (2nd Cir. 1991) in which the firm represented Ogden Corp. in another evironmental insurance coverage claim.

Other relevant experience includes continuing service as an arbitrator for the American Arbitration Association. Ross has also assisted the First Department Judicial Screening Committee by checking references and writing a report on a candidate for the Appellate Division, and participating in his interview. In 1997 he was appointed a receiver of a disbarred lawyer for the purpose of examining his client files and doing whatever is necessary for the protection of his clients. For the Association Professional Discipline Committee, he chaired a subcommittee reporting on the First Department Discipline Committee's proposed amendments to the court rules regarding interim suspensions of attorneys and co-authored a report regarding alternative sanctions. Ross is currently involved in organizing a symposium for the Professional and Judicial Ethics Committee of the Association of the Bar on the new Restatement of Law Governing Lawyers.

Most of his work with the Episcopal Diocese centers on legal matters including application of the Religious Corporations Law to real estate transactions and application of internal ecclesiastical court rules with respect to the discipline of clergy claimed to have violated their fiduciary duties and religious obligations. He also incorporated Episcopal Charities, which has become the charitable fund raising arm of the Diocese of New York.

Ross serves as assistant secretary and chairman of the investment committee and audit committees of the Corporation for the Relief of Widows and Orphans etc. The Corporation is a self perpetuating membership corporation originally created by Act of George III in 1769 and re-incorporated after the Revolutionary War by the New York legislature. It currently has approximately $12,000,000 invested and uses the income to support widows and minor orphans of deceased Episcopal clergy.