Associate Daniel Voronin Obtains Early Discontinuance in Fraudulent Bronx County Labor Law Case.

Associate Daniel Voronin obtained a stipulation of discontinuance with prejudice in a fraudulent Bronx County Labor Law case. The plaintiff had allegedly fallen 8-10 feet from a ladder on a commercial construction project on a Monday, sustaining injuries to his neck, lower back, left shoulder, right hip, and right knee, as well as a traumatic brain injury. However, Voronin's investigation revealed that the plaintiff and his entire crew had been laid off the previous Friday, and the plaintiff did not even clock in to work on the day of the alleged accident.

Voronin immediately retained an investigator to obtain statements from the three purported accident witnesses listed in the plaintiff's Workers' Compensation report. These witness statements confirmed that the plaintiff's claims were fraudulent. When Voronin presented this evidence to the plaintiff's counsel, the counsel moved to be relieved as counsel. Voronin opposed the motion and cross-moved to assert the affirmative defense and counterclaim of fraud.

At the hearing before Judge Alison Y. Tuitt of the Supreme Court, Bronx County, Voronin argued that the court should not allow the perpetuation of clearly fraudulent cases. Judge Tuitt agreed with Voronin and directed the plaintiff's counsel to return with further information regarding the circumstances of their withdrawal.

Within a week, the plaintiff's counsel reached out to Voronin and agreed to voluntarily discontinue the claim with prejudice, with the plaintiff's consent. Thanks to Voronin's aggressive and proactive approach, he was able to dispose of the fraudulent case during the early stages of discovery, saving the general contractor client millions of dollars in potential settlement or verdict. 

This excellent result for our client flows from the firm's metric-based approach to litigation, where we identify our clients’ key performance indicators when handling cases.
#BMMWINS #bmmfirm

Congratulations to Our 2024 Super Lawyers and Rising Stars

It is an honor—but no surprise—that our colleagues have been recognized on the New York Metro Super Lawyers list.

We are so proud of our talented team, including repeat nominations for Suzanne Halbardier, Alex Malino, Paul McTiernan, and Claire Rush, and acknowledgment of attorneys Ashley Johnston, Ryan Rayder, and Edoardo Maffia and their great work.

Managing Partner Alex Malino Sits with Eyewitness News Reporter to Discuss NY Law Firm Seeking to Walk Away from Hundreds of Lawsuits

Managing Partner Alex Malino provides his take to @abc7NY Kristin Thorne regarding the many personal injury firms trying to withdraw from hundreds of personal injury lawsuits where fraud could be involved. https://7ny.tv/3TXhQFQ

#bmmfirm  #firmnews #abc7NY 

https://abc7ny.com/post/nyc-law-firm-subin-seeks-walk-away-hundreds-lawsuits-after-eyewitness-news-investigation/15274485/

Associate Daniel Voronin Obtains Favorable Summary Judgment Decision in Labor Law Case.

Associate Daniel Voronin, Esq. obtained summary judgment in Kings County (Brooklyn) of all claims under Labor Law 240(1) as well as a partial dismissal of common law negligence/Labor Law 200 and Labor Law 241(6) claims. Plaintiff, a crane operator, was walking down an internal building staircase at the end of his shift when the handrail he was holding dislodged from the wall, causing him to fall down the stairs.

Plaintiff moved for summary judgment on Labor Law 240(1), asserting the fall was a gravity-related accident that occurred in a permanent staircase and that the stairs were an “inadequate safety device” because they were the only means of access out of the building. Mr. Voronin, in arguing for dismissal of Labor Law 240(1), asserted that falls in a permanent stairway fall outside the protections of Labor Law 240(1), and that plaintiff had other means to exit the building besides the internal staircase. Judge Ingrid Joseph of the Supreme Court, Kings County, agreed with our arguments. She specifically noted that she is bound by Second Department case law that falls occurring in permanent building structures, such as stairwells, fall outside the purview of Labor Law 240(1). Further, plaintiff failed to provide evidence that the stairs were an “inadequate safety device” and the sole means of access outside the building. As such, Judge Joseph dismissed the claim asserted under Labor Law 240(1).

This decision will greatly aid our client in future settlement discussions, as there is no longer a threat of interest running after judgment. At BMM, we strive to fight hard for our clients and put them in the best position for resolution. This decision is a great example of how thorough research and a strong argument reduced our client’s potential exposure in the case.
#BMMWINS #bmmfirm

A Tribute to Patricia Sullivan on Her Retirement.

A Legacy of Professionalism and Kindness.

Barry McTiernan & Moore LLC announces the retirement of Patricia Sullivan, a beloved member of our firm for over 45 years. Patti has been a cornerstone of our practice, embodying the values of professionalism, intellect, kindness, and dedication that have defined our firm.

Patti’s commitment to her clients was unwavering. She approached each case with genuine care and understanding, building lasting bonds that extended beyond the attorney-client relationship. Her demeanor was always warm and welcoming, putting clients at ease and inspiring their trust.

Beyond her exceptional legal skills, Patti served as a mentor to countless colleagues. Her guidance, coupled with her unwavering support, has helped shape the careers of many Attorneys, Paralegals, and Staff at BMM. Her particular attention to detail, combined with her respect for others, made her a role model for so many.

For years, Patti had a wall hanging that perfectly embodies who she is and who so many of us strive to be:
“We are visitors on this planet. We are here for ninety or one hundred years at the very most. During that period, we must try to do something good, something useful, with our lives. If you contribute to other people’s happiness, you will find the true goal, the true meaning of life.” -H.H. The 14th Dalai Lama.

Patti’s retirement marks the end of a remarkable career. Her contributions to our firm and the legal community will be remembered for years to come. Please join BMM in wishing her all the best as she embarks on this new chapter of her life.

Partner Alex Malino Obtains Stipulation of Dismissal Against Insured/Property Owner Less Than 30 Days After Case Filing.

Partner Alex Malino obtained an early dismissal in a case alleging serious personal injuries to an infant at a daycare center.  He was able to negotiate a stipulation with the co-defendant daycare center which outlined control and ownership of certain equipment on the playground where the infant plaintiff was alleged to have been injured.

After obtaining the stipulation from the daycare center, Attorney Malino convinced the plaintiff to discontinue the action against our client property owner before any pleadings other than an answer was filed.  This continues to show the firm’s dedication to internal and client metrics involving life cycle while working diligently to seek dismissals of cases, pre-discovery, at a tremendous cost savings to the insurer and giving peace of mind to the client.

The firm prides itself on its metric-based approach to litigation.

Partner Moya O’Connor Will Speak at NAAIA National Conference.

Barry McTiernan & Moore LLC proudly announces that Partner Moya M. O'Connor will speak at the 2024 NAAIA - National African American Insurance Association National Conference in New Orleans.

Partner Claire Rush Obtained Defense Verdict On Behalf of Premises Client in Nassau County.

Trial attorney and Partner Claire Rush obtained a defense verdict on behalf of a premises client in Nassau County before Judge Francis Ricigliano. Plaintiff claimed she slipped and fell on a skimmer lid near a pool/hot tub area on our client’s premises. Plaintiff claimed that she suffered lacerations to her 1st, 2nd, and 3rd right toes as well as tenosynovitis and neuropathic pain in her right foot. She alleged a lost earnings claim, along with a significant impact on her lifestyle due to the injuries.

In obtaining the defense verdict, Claire used social media posts as well as information learned about the plaintiff's lifestyle and employment. Claire cross-examined the plaintiff about her awareness of the skimmer lid, raising issues regarding her credibility. Plaintiff alleged lost wages and the inability to perform daily tasks/activities during direct. Claire cross-examined plaintiff with several photos from her social media showing she was on a cruise vacation months after the accident. Claire also developed testimony that plaintiff had a sedentary job which she could still perform, disputing her lost earnings claim. 

Prior to trial, plaintiff issued a $1,000,000 demand. The jury found in favor of Claire’s client. Congratulations to Claire Rush, whose superior trial skills once again resulted in this tremendous victory on behalf of the client. 

Associate Kirby Smith Obtains Defense Verdict

BMM Trial attorney Kirby Smith obtained a defense verdict on liability in a hotly contested three-week trial in Brooklyn before Judge Aaron D. Maslow. Our defense focused on attacking the credibility of the codefendant driver, and Kirby cross-examined him aggressively regarding his various lies. 

The codefendant was rushing home to his wife after an assignation with his girlfriend.  Kirby convinced the jury that the good-for-nothing cheating husband was speeding and recklessly sideswiped our client’s vehicle, lost control, rolled over twice, and landed on the plaintiff pedestrian who was minding his own business standing on the sidewalk on Church Avenue. Congratulations to Kirby Smith on this well-deserved victory.

BMM Relocates to 1 Battery Place!

BMM is excited to announce our relocation to a beautiful new office space located at 1 Battery Place, New York, NY 10004, 35th floor. The space has a contemporary design which fosters a vibrant and collaborative work environment. This move coincides with the firm’s up-scaling and commitment to maintaining a cutting-edge approach to litigation management for the benefit of our valued clients. Respect, Integrity, Ingenuity, Collaboration & Accountability continue to be the firms’s pillars both in practice and in action.

Stay tuned for more updates as we begin this new chapter!

Associates Daniel Voronin and Edoardo “Eddy” Maffia Each Obtain Pre-Discovery Summary Judgment Dismissals.

Daniel Voronin obtained a pre-discovery summary judgment dismissal of a construction contractor client in a trip-and-fall case where the plaintiff allegedly sustained serious injuries after tripping over a gas valve box in the sidewalk that was missing its cover. 

After obtaining documents and photographs from the client evidencing that they actually worked on the sidewalk flag adjacent to the one containing the defective gas valve box, Daniel worked with the client to draft an affidavit reflecting the same. This affidavit was then used in Daniel’s summary judgment motion that went unopposed and was subsequently granted.

 Edoardo “Eddy” Maffia also prevailed on a pre-discovery motion to dismiss of a construction worker in a Labor Law case in Bronx Supreme where the plaintiff alleged serious injuries as a result of a fall from a ladder. As a result of Plaintiff’s failure to actively prosecute this action, Eddy immediately filed a motion to dismiss which was ultimately granted.

Ultimately, these cases were resolved prior to depositions or substantive discovery taking place. Such early intervention, aggressive file handling, and consistent communication and collaboration led to substantial time and cost savings for our clients. The life cycle of a case is a key metric, and Barry McTiernan & Moore's proactive efforts resulted in obtaining a pre-discovery summary judgment dismissal reduced unnecessary legal costs for our client.

BMM Sponsors Caribbean Attorneys Network 10th Anniversary Scholarship Gala

Barry McTiernan & Moore LLC proudly sponsored the Caribbean Attorneys Network 10th Anniversary Scholarship Gala, which was held on Saturday, June 22, 2024, at Vetro by Russos on the Bay. CAN was established by Partner Moya M. O'Connor in June 2014. The honorees included Justice Wavny Toussaint, Judge J. Machelle Sweeting, Alecia Walters-Hinds, Lennon Edwards, Chevon Brooks, and Simone N. Archer, Esq.

Partner Moya O’Connor Nominated by the National Bar Association Women Lawyers Division.

BMM would like to congratulate Moya O'Connor on her well-deserved nomination by the National Bar Association Women Lawyers Division for Outstanding Minority Partner at a Majority Firm. This nomination exemplifies Moya's accomplishments and dedication to excellence in the legal field. We look forward to supporting Moya in her future achievements and continued success.

Ryan Rayder and Tom Daly Grant Summary Judgment Motion in a Supreme Court, Kings County, Labor Law Matter.

Congratulations to Ryan Rayder, Esq. and Thomas Daly, Esq., who successfully worked as a team and secured a dismissal in a very challenging employer’s summary judgment motion in a Supreme Court, Kings County, Labor Law matter involving alleged injuries to plaintiff’s eye (vision loss), cervical, thoracic, lumbar spines (discectomy), shoulder and closed head injuries.

Their persistence and attention to detail prevailed, although they were obliged to surmount a number of obstacles in order to do so  - not the least of which was overcoming the Court’s initial improper application of the law as to the proper timing for such motions. The Court ultimately reversed its initial decision and acknowledged having improperly applied Brill to defeat the motion in the first instance. This decision confirms that an attorney’s affirmation, coupled with exhibits, can indeed suffice to establish a prima face case on summary judgment (citing to State v. Greco, 43 A.D.3d 397 [2d Dept 2007]. Ryan and Tom presented evidence indicating that our insured was plaintiff’s employer (the prior Worker’s Compensation determination having been binding on that point) and thus was entitled to dismissal of all causes of action seeking common law indemnification and/or contribution. As no opposing party came forward with any pertinent contractual provisions, the Court stated that “a defendant moving for summary judgment is not required to prove a negative” (citing to Martinez v. Hunts Point Coop. Mkt., Inc., 70 A.D.3d 569 [1st Dept. 2010], noting the burden of proof had then shifted to the opposition. Absent same, there was no right to indemnification from the employer, and thus, the entire third-party action and all cross-claims against our client were dismissed.

At BMM, close teamwork is not the exception but the rule – and, once again, it paid off! Congrats to Ryan and Tom!

Congratulations to BMM’s 2024 Super Lawyers and Rising Stars

Barry McTiernan and Moore is excited to congratulate six of our lawyers who were recognized as 2024 Super Lawyers and Rising Stars!

Congratulations to BMM’s 2024 Super Lawyers! Executive Partner Suzanne Halbardier was selected for her fifteenth consecutive year in Environmental defense. Managing Partner Alex Malino was selected for his third consecutive year in Construction Litigation defense. Partner Claire Rush was selected for her twelfth consecutive year in Personal Injury defense.

We are also excited to announce BMM’s 2024 Rising Stars! Senior Associate Ashley Johnston was selected for her first year in Product Liability defense. Senior Associate Ryan Rayder was selected for his second year in Personal Injury defense, and Associate Edoardo Maffia was also selected for his second year in Civil Litigation defense.

The hardworking and dedicated attorneys at Barry McTiernan and Moore have consistently been recognized for their award-winning services to the firm. BMM is proud of all that our attorneys have accomplished, and their great work ethic and enthusiasm continue to make BMM a pillar in the New York legal community.

Be Kind To Lawyers Day

This year BMM celebrated Be Kind to Lawyers Day with a celebratory lunch and words of gratitude for our fellow attorneys. The unofficial holiday encourages people to show kindness to all those who practice law and help the legal system work for litigants. Our staff wrote thoughtful notes to thank our lawyers for all their hard work and dedication. Here at BMM, we are so grateful for everything that our attorneys bring to the firm.

BMM Associates Attend CLM Alliance Conference in San Francisco.

BMM Associates Edoardo Maffia, Ryan Rayder, and Melissa Wolin attended an informative CLM Alliance conference in San Francisco.  Eddy, Melissa, and Ryan met with several attorneys and industry professionals, fostering valuable connections to cultivate future collaboration. It was a diverse group from various backgrounds and regions, all dedicated to overcoming challenges and enhancing the claims handling process through innovative solutions and collaborative efforts.

In addition to meetings, our Associates participated with members of the CLM Alliance in community service events with Habitat for Humanity where they built playhouses for underprivileged children and provided nutritious meals to people in need with Project Open Hand.

Here’s what they had to say about the event:

 “An incredible experience I will always cherish. To be able to provide a tangible good for those in need was a wonderful experience. I felt it further helped foster a sense of team building amongst the participants.” - Edoardo Maffia

 “The thing that stood out the most to me this year was a renewed sense of handling claims collaboratively between claims professionals and defense attorneys. At almost every single lecture I attended, the topic of being open, honest, and transparent from the moment a claim is opened, all the way up until trial. Especially with nuclear verdicts being on the rise, all the presenters focused on a “we need each other” message.” – Ryan Rayder

 “The highlight of the trip was building and painting playhouses for underprivileged children through Habitat for Humanity. It was rewarding knowing that both children and educators alike can benefit from our efforts. Helping with this project has made me want to be a part of more Habitat for Humanity projects in the near future. Additionally, the sense of camaraderie with the other volunteers continued throughout the conference, and we gained valuable friendships with other attorneys and claims representatives.” – Melissa Wolin

Congratulations Suzanne Halbardier and Claire Rush: 2024 Super Lawyers Top Women of New York Metro

Barry McTiernan & Moore LLC is pleased to share that Suzanne Halbardier (Executive Partner) and Claire Rush (Partner and Senior Trial Attorney) have been selected for the Thomson Reuters, 2024 Super Lawyers Top Women of New York Metro List. This honor highlights the hard work and dedication they bring to their practice, as well as decades of experience in litigation.

Congratulations to Ms. Halbardier and Ms. Rush for receiving this recognition from their fellow peers and for being among New York’s top five percent of attorneys selected to Super Lawyers.

2024 Women’s Luncheon

Last week Barry McTiernan & Moore LLC hosted its 2nd Women’s Luncheon in honor of Women's History Month. While some of our female attorneys were hard at work, we were able to get a small group to take time out of their busy schedules to make this lunch happen. The group came together to connect and discuss accomplishments within the firm and how we can make improvements as well. Executive Partner, Suzanne Halbardier and Human Resources Director, Shelly Evans led the conversation on various topics where the attendees gave their input and honest feedback on how to better the firm. Here is what Suzie had to say:
 
“I loved having the opportunity to talk, get feedback, and enjoy a meal with all of you. I look forward to implementing some of the ideas and suggestions as we build a positive and inclusive culture at BMM.”

Thank you to everyone who was able to participate, and we look forward to next year’s event!

Associate Tom Daly Prevails on Another Motion for Summary Judgment

Barry McTiernan & Moore LLC prevails on yet another motion for summary judgment, extricating our client prior to the start of multiple defendants’ depositions!
Over the opposition of both plaintiff’s counsel and a co-defendant, upon oral argument, the Court agreed with our defense position, as admirably contended by Tom Daly, Esq. of this firm, that our motion was not premature and that the client’s supporting affidavit was not “self-serving.” Tom established that we had made a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient and admissible evidence to eliminate any material issues of fact from the case.
Lifecycle and aggressive motion practice on cases in which our clients do not belong are two KPIs upon which the firm consistently focuses, resulting in excellent results for our clients.