Associate Daniel Sullivan Secures Early Dismissal With An Aggressive Approach.

Associate Daniel Sullivan successfully obtained a dismissal of all claims against the firm's client, a non-profit organization based in Queens. The complaint asserted that an infant and her mother sustained injuries while in a restroom at our client's gymnasium.

Following several attempts to advance the case after the plaintiff's counsel passed away, a motion to dismiss was filed due to non-compliance with discovery requirements. Since there was no response from the plaintiff herself, who was served personally, nor from anyone at her previous counsel's firm, the court dismissed the lawsuit in its entirety.

Mr. Sullivan's proactive strategy to resolve the case promptly and prevent it from lingering underscores the firm's focus on case lifecycle as a key performance indicator. We consistently roundtable our cases to ensure that none remain unresolved longer than necessary. This is an excellent victory for our client!

#ForTheWin #BMM #BMMSuccess #Dismissal

Attorneys Alex Malino and Daniel Voronin Secure Huge Win On Black Ice Case.

Managing Partner Alex Malino and Associate Dan Voronin obtained summary judgment in the Supreme Court, New York County. The case pertained to an alleged slip and fall incident on ice within our client's parking garage during the winter season.

The plaintiff reportedly suffered significant injuries, which included three surgical procedures: an anterior cervical diskectomy and fusion, a knee arthroscopy to repair the ACL, chondral fractures, tendon tears, and a shoulder arthroscopy to address the rotator cuff. Additionally, the plaintiff allegedly developed Bell's Palsy following her neck surgery. A demand of $25 million was made by the plaintiff.

Attorneys Malino and Voronin submitted a motion for summary judgment seeking to dismiss all claims made by the plaintiff against the owners and operators of the parking garage in question. The motion highlighted a 15-inch snowstorm that occurred two days prior, along with signage placed throughout the facility that warned, "Caution, snow and moisture may be tracked in by vehicles and/or pedestrians; please use caution as you walk about our facility."

The arguments established that our clients neither caused nor had actual or constructive notice of the black ice condition on which the plaintiff allegedly slipped. Despite the testimony from the plaintiff's experts in 'retail liability', the court determined that plaintiff did not establish when the ice condition was formed. The court referenced the precedent set by the First Department, which states that defendants cannot be held responsible to continuously inspect a garage that operates 24 hours a day, seven days a week. Consequently, the court dismissed the plaintiff's claims in their entirety.

This victory, even when confronted with substantial damage claims, underscores the firm's commitment to formulating a long-term strategy as early as possible in a case. We successfully identified the strengths of the case and developed the facts through the discovery process, resulting in a significant victory for our clients despite the risk of an 8-figure loss. Early case strategy is a key performance indicator that the firm consistently prioritizes to secure victories for all our clients.  Congratulations on the win!

#ForTheWin #BMM #BMMSuccess #SummaryJudgment #LawFirmWins #ClientFirst

Associate Ishra Razzaq Obtains Summary Judgment On All Claims.

Associate Ishra Razzaq was awarded pre-discovery Summary Judgment, resulting in a favorable outcome for our client. The plaintiff alleged that she slipped and fell due to a defect in the sidewalk where our client was purportedly conducting construction work.

Once we took on the case, Attorney Razzaq performed a comprehensive search of the client and City records. The findings indicated that the only work carried out by our client was completed two years before the plaintiff's alleged accident and was not directly at the site of the claimed defect.  Therefore, we contended that our client's work was entirely unrelated and not a proximate cause of the plaintiff's injury. The court concurred and dismissed the claim against our client.

At BMM, we take pride in our proactive and assertive advocacy. This case resulted in significant savings for our clients in legal fees, as we were able to file for dismissal prior to depositions and during the early stages of discovery. This assertive strategy underscores our commitment to life-cycle as a key performance indicator.  Our metric-based approach to litigation continues to benefit all clients we have the pleasure to represent.

#Success #MotionForSummaryJudgment #BMM #ForTheWin

Senior Associate, Ryan Rayder secures dismissal in a labor law action.

Senior Associate, Ryan Rayder secures a dismissal in a labor law action. Through sharp legal strategy, our client was granted a dismissal due to the plaintiff not appearing for his Independent Medical Examination following multiple attempts to coordinate said IME and motion practice which ultimately led to plaintiff’s claims being dismissed against our client.

#LegalVictory #BMM #CaseDismissed #MotionToDismiss

Senior Associate Edoardo “Eddy” Maffia Obtains Summary Judgment and Dismissal in Labor Law Action.

Senior Associate Edoardo "Eddy" Maffia successfully obtained summary judgment and the dismissal of all claims against the firm’s client in a Labor Law case in New York Supreme Court. The litigation in question involved a claim where the Plaintiff, an employee of our client, asserted that he sustained injuries after coming into contact with a curtain wall brace that was positioned outside the client’s shanty at a construction site. The Plaintiff alleged to have suffered significant injuries, necessitating multiple surgeries due to the alleged incident.

Mr. Maffia filed a motion for summary judgment to dismiss the third-party action against the client employer, contending that they were not only free from negligence but also that no circumstances existed that would trigger the indemnification contemplated in a contract with the co-defendant. Following a highly intricate oral argument, the Court fully concurred with Mr. Maffia’s stance and issued an Order dismissing all claims and cross-claims against the client, thereby averting a potential multi-million dollar verdict or settlement.

Interpreting and understanding the language and judicial interpretations of indemnity clauses in Labor Law claims at the outset of litigation positioned our client for success. The triggers for indemnity frequently differ in the contractual language used by the parties involved in a lawsuit, and BMM takes pride in developing a defense strategy early on to cultivate successes like this case.  The firm employs early case analysis as a key performance indicator (KPI) to assist our clients in attaining outstanding results.

#LaborLaw #ForTheWin  #BMMFirm

Congratulations to Our 2026 Best Lawyers Ones to Watch!

Barry McTiernan & Moore LLC is pleased to announce that Daniel Voronin, Ryan D. Rayder and Edoardo Maffia have been announced as “Ones to Watch” by Best Lawyers ® for 2026! Each year, no more than 5.3% of lawyers in the country are selected for this honor. At Barry McTiernan & Moore LLC, we are proud of our talented team and their continued successes.

#firmnews #bmmfirm #2026bestlawyers #bestfirm

Three Attorneys, One Decision: Here’s What Was Decided.

Associate Daniel Voronin, Of Counsel Laurel Wedinger, and Partner Courtney Chadwell obtained an excellent decision from the Second Department, reversing the Kings County Supreme Court’s grant of Labor Law 240(1) in a “falling object” case. The plaintiff, employed by our client, was tasked with two of his co-workers to disassemble a fence made of plywood sheets at a worksite. According to plaintiff, the co-worker who was removing nails from the other side of the fence did not let plaintiff and his other co-worker know that one of the plywood sheets was coming down. This resulted in the sheet striking plaintiff in the head and allegedly causing injuries.”  The lower court granted summary judgment to plaintiff, but this was reversed by the appellate court, concluding there was an issue of fact to be tried by the jury.

#bmmfirm #forthewin #bmm #teamwork

CEO Suzanne Halbardier Obtains Dismissal on Behalf of BMM Client in Asbestos Case.

After a contentious discovery dispute, the firm was successful in obtaining a dismissal on behalf of a client.  The client never used asbestos as a component part in their product, but had no records from the 1970’s and 1980’s still in existence.  As New York asbestos litigation requires a defendant to establish its entitlement to summary judgment, CEO Suzanne Halbardier worked with associates Alex Fagone and Kayla Griffin to locate records from 40 years ago from numerous sources and developed a strong motion for summary judgment.  Although our client was ordered to answer discovery and provide a further affidavit, ultimately plaintiff’s counsel conceded that our client had not included asbestos as a component part.  Counsel agreed to a dismissal.  It was through the hard work of the BMM team to locate and develop the arguments in order to secure the great result.

#BMMWINS  #bmmfirm

Partner John V. Wynne Secures Voluntary Dismissal With Prejudice.

Partner John V Wynne secured a voluntary dismissal with prejudice from all parties prior to conducting discovery and without engaging in motion practice. This was done on behalf of BMM's transit client in an action where it was alleged that the client negligently operated a bus causing serious personal injuries to plaintiff.

#BMMWINS  #bmmfirm

Associate Diane Fernandez Secures Early Dismissal.

On June 12, 2025, Diane Fernandez appeared in court at a standard status conference in front of the judge. Plaintiff’s counsel failed to appear. The judge granted an adjournment, requesting that the plaintiff’s counsel appear at the next conference. Ultimately, the plaintiff’s counsel did not appear, which then activated Diane to request a dismissal on default which was granted by the judge.

#BMMWINS  #bmmfirm

Senior Associate, Ryan Rayder Resolves Client Claim Pre-discovery.

Senior Associate, Ryan Rayder secured an early dismissal from a trip and fall matter last week. Ryan was able to prove that our client did not perform any work on this project by communicating with the client, completing a full record search, and producing an executed Affidavit on behalf of our client. Here at BMM, we focus on the early resolution of cases to protect our clients from prolonged litigation and potential liability.

#BMMWINS  #bmmfirm

Partner John Wynne Obtained Summary Judgment and Dismissal of All Claims for Transit Clients.

Partner John V Wynne obtained summary judgment and dismissal of all claims against the firm's transit clients based on plaintiff’s failure to commence a personal injury, action for serious injuries within the applicable statute of limitations. This involved a claim by a bus passenger alleging multiple injuries, where a plaintiff, despite submitting to a pre-suit hearing in a timely fashion, failed to place her claim in suit within the prescribed time. Mr. Wynne moved for summary judgment and the court agreed, issuing an order dismissing all claims against the clients.

#BMMWINS  #bmmfirm

Don’t Miss This: Senior Associate, Edoardo Maffia, Breaks Down His Idea of the Possibility for Change of the Scaffold Law.

Senior Associate, Edoardo Maffia, breaks down his idea of the possibility for change and the social law in a recent article published by CLM. The article pertains to the potential repeal and reform of the Scaffold Law and what it could mean for contractors, property holders, and insurers.  

"No Easy Lift" begins on page 18 and offers compelling insight into one of the most debated liability laws in the state. It’s a must-read for anyone looking to better understand the legality around this issue and relate to the fact that New Yorkers deserve a fairer system that promotes safety and economic opportunities. 

View article here: https://736506f6.flowpaper.com/ConstructionClaimsSUM25/#page=18

#bmmfirm #Published #thoughtleadership #scaffoldlaw  #liabilitylaw

Managing Partner Alex Malino Speaking at NYSTLA Webinar

There is still an opportunity to register for the NYSTLA webinar - "Construction Accidents from the Trenches: Strategies to Win Your Labor Law Case 2025 Edition." This event will feature a panel of attorneys, including BMM’s Alex Malino, who will discuss discovery and depositions from a defense standpoint. The seminar, scheduled for June, has been approved for 5 Areas of Professional Practice CLE transitional and non-transitional credits. Don’t miss your chance to register now! NYSTLA | Calendar and Events 

The New York State Trial Lawyers Association works to protect New York's civil justice system, fighting against initiatives that threaten to limit the rights of injured consumers. These threats now exist at the federal, state, and city levels. NYSTLA is a crucially important voice for the voiceless. Our mission: "To promote a safer and healthier society, to assure access to the civil justice system by those who are wrongfully injured and to advance representation of the public by ethical, well-trained lawyers."

The Legacy of Patricia Ann Sullivan

It is with profound sorrow that we announce the passing of Patricia Ann Sullivan, our cherished friend and colleague. Patti began her career at Barry McTiernan & Moore as an associate in 1980, where she frequently collaborated with and learned from Roger McTiernan Sr. and John J. Moore. As Patti advanced through her 46-year legal career with Barry McTiernan, she honed her abilities as a litigator and managed a variety of intricate cases and litigation teams. Patti's true strength lay in her mentorship of new attorneys and her commitment to fostering the next generation of litigators. Her legacy at the firm endures through countless colleagues. Patti was both considerate and generous with her expertise and kindness. Her absence will be deeply felt. https://www.dignitymemorial.com/obituaries/new-york-ny/patricia-ann-sullivan-12360449

~The True Meaning of Life~ 

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.

~HH the Dalai Lamag Professionals Advisory Board

BMM’s 2025 Super Lawyers and Rising Stars

Congratulations to Barry McTiernan & Moore LLC’s 2025 Super Lawyers and Rising Stars! We are excited that our team has been featured on the Super Lawyers list.

We take great pride in our skilled colleagues, including Suzanne Halbardier, Alex Malino, and Roger Paul McTiernan, Jr., who have been nominated for Super Lawyers. We also acknowledge Rising Stars Ashley Johnston, Edoardo Maffia, Ryan Rayder, Samantha Perlowitz, and Daniel Voronin.

Senior Associate Edoardo Maffia Named New Member of the CLM Young Professional Advisory Board

BMM is proud to share that Senior Associate Edoardo "Eddy" Maffia has recently been selected to serve as 1 of 17 newly minted members nationwide of the Young Professional Advisory Board for the Claims and Litigation Management Alliance (CLM).

In this role, Eddy will act as a representative for CLM, specifically targeting younger millennial and Generation Z audiences. He will also participate in the Litigation Management Task Force, focusing on talent recruitment and retention, as well as serving on the Professional Development sub-committees. Additionally, he will act as a liaison with local colleges and law schools to promote career opportunities within the industry.

The CLM Young Professional Advisory Board will continue to aid in CLM's and BMM's joint dedication to fostering collaboration between insurance carriers, defense counsel, and industry partners to address industry-wide challenges on a national spectrum.  Through effective strategies, CLM remains committed to improving claims and litigation management practices, ensuring operational alignment, and contributing to the overall success of the industry.

We look forward to seeing the positive impact of his contributions, including at the upcoming CLM Annual Conference in Dallas in April.

#CLM #LitigationManagement #YoungProfessional #InsuranceDefense #ClaimsManagement #IndustryCollaboration  #BMMFirm CLM Young Professionals Advisory Board

Executive Partner Suzanne Halbardier Resolves Client Claim in Pretrial Settlement.

Suzanne Halbardier was able to resolve a claim on behalf of her clients, the former Mayor and Deputy Mayor of a Village. The plaintiffs alleged that the defendants discriminated against them and sought large damages and attorneys fees. Trial was expected to last several weeks in the Southern District of New York, but a resolution favorable to Suzanne’s clients was reached.  BMM is always prepared to try cases where a pretrial settlement is not achieved.

#BMMWINS  #bmmfirm

Senior Associate Ryan Rayder Successfully Strikes Errata Sheet That Materially Changed The Plaintiff’s Testimony.

In this case from Bronx County, a plaintiff involved in a personal injury lawsuit stemming from a trip-and-fall incident at a construction site provided deposition testimony in which she expressed uncertainty regarding the circumstances of her accident and how she sustained her injuries.

Several months later, the plaintiff submitted an errata sheet that included significant modifications to her deposition statements. Following extensive motion practice, which included the preparation of an appeal to the Appellate Division, First Department, the Court concurred with Mr. Rayder's position that the plaintiff's proposed alterations to her deposition were beyond the scope allowed by CPLR 3116. By striking the errata sheet in its entirety, the Court supported Mr. Rayder’s assertion that the plaintiff's changes constituted critical, substantive modifications that fundamentally changed her original deposition testimony concerning the basis of her negligence claim.

Thorough knowledge of the law and its application are key metrics that ensure Barry McTiernan & Moore’s success and aggressive advocacy on behalf of our clients.

 #BMMWINS  #bmmfirm

Associate Daniel Voronin Obtains Summary Judgment Dismissal in Queens County Labor Law Case.

Associate Daniel Voronin successfully secured a summary judgment dismissal of the plaintiff's Complaint, which encompassed all common law and Labor Law claims, in a decade-old Labor Law case in Queens County. The plaintiff, a union electrician, initially stated that while walking backwards and uncoiling electrical wires, he stepped on an unsecured floor panel that flipped up, resulting in his left leg falling through the raised-access flooring to the concrete subfloor beneath. However, the plaintiff later changed his account, claiming that his injury occurred when he slipped on unidentified debris, leading his leg to fall into an open hole in the raised-access floor near the building's core. Compounding the inconsistencies, the plaintiff suggested the possibility of two separate accidents occurring on the same day, although he could not specify which incident happened first. The various accident reports submitted to his employer and Workers’ Compensation were also inconsistent, either neglecting to describe the debris he allegedly slipped on or omitting any mention of stepping into a hole in the raised-access floor. When presented with these differing accident reports and photographs of the job site showing various holes in the raised-access floor, the plaintiff's memory did not improve regarding the specifics of how and where the accident transpired.

On summary judgment, Mr. Voronin filed a motion to dismiss the plaintiff's Complaint and sought contractual defense and indemnity from both the plaintiff's employer and the subcontractor responsible for the raised-access floor. A central point of Mr. Voronin's argument was that the plaintiff failed to establish the cause of his accident, which would necessitate the jury to engage in speculation regarding the incident's cause. Despite the plaintiff's objections, the Honorable Justice Timothy J. Dufficy concurred with Mr. Voronin's reasoning and dismissed the plaintiff's Complaint in its entirety. Furthermore, Judge Dufficy remarked that since the plaintiff's alleged accident was connected to his employer's work on the project, the employer was obligated to defend and indemnify both the owner and the general contractor.

Through Mr. Voronin's vigorous legal advocacy, he not only protected his client from potential financial liabilities amounting to millions in settlement or jury verdict contributions but also ensured the recovery of defense costs from the plaintiff's employer.

#BMMWINS  #bmmfirm