Page 452 - WhyAsInY

Why (as in yaverbaum)
decided to take a gamble, one that, on reflection, bordered on both the dangerous and the obnoxious. Instead of complying with his request, one that had all of the earmarks of a trap, I decided to disregard his next effort to show his mettle and embarrass the draftsman. I just looked at him and didn’t budge. He repeated the request, and I continued the staring contest. “Mr. Yaverbaum, I have a question concerning subsec- tion 10(f) of Article Three for you.”
“That’s okay,” I said. “I’m happy to respond to your question.”
“But you should look at the language that I’m about to question.” “That’s all right,” said I.
So he asked what he thought to be a troublesome question, grudg-
ingly, but with a hint of some anticipated triumph. I replied without pause and without opening the ground lease, using not only the precise words of section 10(f) but also the words of the sections to which it cross-referred, again without looking, explaining how the interaction solved his putative problem. Still not satisfied, he referred me to another section of the lease, whereupon I did essentially the same dance. And then, again.
Ultimately, the challenges were dropped, some face-saving words were uttered, aspects of housekeeping issues were discussed, and the meeting adjourned. We had passed the tests, and everyone was delighted to move forward with an exciting transaction. The part that I liked the best came when I looked up and could see Pollack’s young partner barely suppressing a smile. I was also pleased when Flora told me that she was delighted that I had essentially skewered Pollack, a man who had never treated her (or anyone else, for that matter) with respect.
Politics were at the core of two other highlights. First, we had a good deal of fun negotiating—or, more accurately, succumbing to— Article Forty-Two (I think) of the lease, the only portion of the document that was submitted to the parties by the lawyers for the City. That article best illustrates just how meaningless and silly things can become when some governmental types feel it necessary to protect their you-know-whats: Because one of the primary purposes of the
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