Suzanne Halbardier participated at Perrin Conferences New York Asbestos Litigation virtual 2020 panel discussing Trials During COVID-19 and Ethical Issues to Consider. The panel was framed around issues of ethics and how to proceed with trials during the COVID-19 pandemic. The panel addressed concerns around trial proceedings for immune-compromised clients, jurors, and overall health safety […]
Cara Manz elected to firm Partnership
Barry McTiernan & Moore is pleased to announce it has elected Cara Manz to the firm Partnership, effective January 1, 2021. Cara Manz has demonstrated that she has the legal skills, client orientation and business insight to succeed as a partner at Barry, McTiernan & Moore. Cara Manz has a broad range of experience in […]
Alex Malino Named Managing Partner at Barry McTiernan and Moore
Barry McTiernan & Moore, a leading insurance litigation firm in the Tri-State area is pleased to announce that Alex Malino has been named the firm’s new managing partner. This new role took effect on January 1, 2021. Malino has practiced law since 2001 and spent his career at Barry McTiernan and Moore, serving in various […]
Celebrating the Holiday in the spirit of our community
At a time of having to find new ways to celebrate the holidays, and in a year that has taught us all the need to be appreciative of our own good fortunes, both great and small, Barry McTiernan and Moore, on behalf of its employees will be providing financial support to a local cause. Instead […]
Cara Manz is recognized by peers and was selected to Rising Stars 2021
Barry McTiernan & Moore LLC is excited to announce that Cara E. Manz has been selected to the Super Lawyers 2021 New Jersey Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice. The firm expresses congratulations on the selection. Cara E. Manz is an attorney who represents clients in the […]
Pre-Answer Dismissal Granted in Defense of Municipality
David Schultz of our New York office obtained a pre-answer dismissal of a lawsuit against the County of Westchester brought under the Child Victims Act. In the complaint, plaintiff alleged that, while a minor, he was engaged in an inappropriate sexual relationship with an employee of the agency that oversaw his foster care. In the […]
Big Victory in Labor Law Case
Patrick W. Kenny, a partner in our New York City office, obtained summary judgment in favor of the firm’s clients in a labor law case. The plaintiff was injured on a construction site where he traversed horizontal scaffolding crossbars to move from one area of the jobsite to another. Our firm represented the owner and […]
NYCAL Defense Bar Elects Suzanne Halbardier To Join Defense Liaison Counsel
The NYCAL defense bar has elected Suzanne Halbardier and Judy Yavitz as NYCAL defense liaison counsel last week. Suzie and Judy join Peter Dinunzio and Kerryann Cook in representing the defense bar’s interests in one of the most active asbestos jurisdictions nationwide. Liaison counsel works closely with the NYCAL Coordinating Judge and Special Master to […]
Auto Case Dismissed on ‘Serious Injury’ Threshold Despite Treating Doctor Affidavits
David Wysnewski of our New York office successfully obtained a dismissal in favor of our clients, the owners of a parking garage and the driver of their car, in a motor vehicle accident based on New York’s serious injury threshold. Section 5102(d) of the New York Insurance Law requires that a motor vehicle plaintiff must sustain […]
Justice Adam Silvera Appointed as NYCAL Coordinating Judge
Justice Adam Silvera has been announced as the new NYCAL Coordinating Judge, replacing Justice Manuel Mendez who was recently appointed to the Appellate Division. Judge Silvera obtained his undergraduate degree in 1994 from the City University of New York and received his law degree from Brooklyn Law School in 2001. Prior to become a Judge, […]
NYCAL Judges Manuel Mendez and Martin Shulman Among Four Appointed to the Appellate Division
On Monday July 13, Governor Cuomo appointed four Justices to the Appellate Division, First Department. Two of the appointees, Justice Manuel Mendez and Justice Martin Shulman, have been deeply involved in New York City Asbestos Litigation (“NYCAL”), one of the most active asbestos dockets in the nation. Justice Mendez became the NYCAL coordinating Judge in […]
Dismissal of Suit for Restaurant Owner
Anthony Guidice and Anthony Perchiacca of our New Jersey office have successfully obtained a dismissal of our client, the owner of a restaurant. Plaintiff tripped and fell on a pothole as she crossed a public roadway from a parking lot used by the restaurant’s patrons. The lawsuit named the owner of the road, the restaurant, […]
Jim Burbage Named as One of America’s Most Honored Lawyers 2020
Barry McTiernan & Moore LLC attorney James Burbage has been recognized by the American Registry as One of America’s Most Honored Lawyers for 2020. The American Registry catalogs accolades of attorneys around the country and rigorously reviews peer ratings and industry analyses to identify the most deserving. Jim’s expertise, professionalism and results driven practice placed […]
Several Firm Partners Named to Annual Super Lawyers List
Barry McTiernan & Moore LLC is proud to announce that partners Suzanne Halbardier, Roger Paul McTiernan, Claire Rush & Richard Wedinger have been included in the New York Times Annual List of Super Lawyers. Partner Patrick Kenny was also recognized as a Rising Star. The list, which is published in the New York Times, includes […]
Summary Judgment Granted in NJ Negligence Case
Cara Manz of our New Jersey office recently obtained summary judgment on behalf of our clients, a franchisee, its management company, and the owner of the property. Plaintiff allegedly slipped and fell due to a substance on the floor and a napkin. Ms. Manz successfully argued that the Mode of Operation doctrine was inapplicable to […]
Thomas J. Leonard: 1959-2020
It is with great sadness that the firm announces the death of our partner and friend, Thomas J. Leonard who passed away on April 8, 2020 due to complications from COVID-19. Tom was a great trial attorney, dear friend and wonderful husband and father. He started his legal career as an assistant district attorney in […]
Barry McTiernan & Moore LLC and COVID-19
Barry McTiernan & Moore LLC, with offices in New York, New Jersey and Connecticut, is fully operational and continues to offer guidance to our clients despite the heavy impact of the Coronavirus on our personal and professional lives. A number of individuals and businesses will be faced with unprecedented concerns and questions, and Barry McTiernan […]
Early Dismissal Granted in Labor Law Case Saving Clients Costs and Fees
Barry McTiernan & Moore partner David H. Schultz recently obtained summary judgment in favor of an interior design contractor, sued in a Labor Law case that involved more than a dozen co-defendants. Rather than proceed through the considerable and expensive discovery that the case would undoubtedly require, David secured summary judgment shortly after answering on […]
Barry McTiernan & Moore is 100% Remote and 100% Functioning in Response to Governor’s Order
Barry McTiernan & Moore’s first priority is the health and safety of our employees, clients, and business partners. Based on the recent directive of New York State Governor Andrew Cuomo, Barry McTiernan & Moore is closing the office effective Saturday, March 21, 2020. The Firm has been preparing for this event for weeks and remains […]
Barry McTiernan & Moore’s Statement of Continued Operations
Barry McTiernan & Moore’s first priority is the health and safety of our employees, clients and business partners. Based on the recommendations of local and state health officials, Barry McTiernan & Moore is immediately implementing a phased-in Work From Home (WFH) policy for our attorneys and staff. This is not an office shut down. The […]
Full Dismissal and Defense Costs Recouped in High Exposure Labor Law Case
Partner Gary A. Rome obtained a full dismissal for a client in a high exposure labor law case and successfully recouped all defense costs from the plaintiff employer’s insurer. Our firm’s client, a first tiered sub-contractor, was sued by a worker who fell when a ladder rung broke, causing significant injuries. During the negotiations, Gary […]
Favorable Verdict in Bronx County Trial
Barry McTiernan & Moore Partner James Burbage obtained a favorable verdict in a difficult jurisdiction, Bronx County. Plaintiff was 53 years old and fell on a bus. She sustained a fractured wrist and claimed bi-lateral knee injuries requiring one knee replacement and a claim for a second need replacement. Plaintiff’s counsel asked the jury for […]
Summary Judgment Granted in Labor Law 240 Claim, Indemnity Claim also Dismissed
Barry McTiernan & Moore partner David H. Schultz recently obtained summary judgment in favor of a production design company sued for the violations of Labor Law for an accident that occurred during the staging process of a technology expo in New York City. The plaintiff suffered injuries while unloading a truck when one of the […]
Early Dismissal Granted in Favor of Property Owner
Associate Jennifer Cheong of our New Jersey office obtained summary judgment in favor of a property owner client prior to completion of discovery or depositions. Plaintiff sued a nail salon and its property owner for injuries sustained after a negligent pedicure service. Jennifer argued that the Plaintiff’s injuries were solely caused by the services performed […]
Summary Judgment Granted to General Contractor in a Labor Law Case
Barry McTiernan & Moore partner Alex Malino recently argued and obtained a dismissal in a Labor Law case where we represented the defendant general contractor. The plaintiff was a union worker who fell while entering a freight elevator during construction of a major department store. Plaintiff alleged severe personal injuries and a permanent disability, claiming […]
Early Dismissal Granted in Trip and Fall Case with Major Injuries
Partner Joseph DiGregorio won a significant victory for a client of Barry McTiernan & Moore LLC. He prepared and argued a motion for summary judgment in a case where the plaintiff alleged significant injuries as a result of a fall on our client’s property. In the case, the plaintiff had appeared for a pre-suit 50h […]
Appellate Update: Court Rules on “Integral-to-the-Work” Defense Under the New York State Labor Law
A recent decision by the Appellate Division First Department will have an impact on how cases are litigated in New York. In Krzyzanowski v. City of New York, 2020 WL 201247 (1st Dept. 2020) the Appellate Division, First Department modified an order of the Supreme Court, New York County (Margaret A. Chan, J.) which denied […]
Labor Law Case Dismissed Against General Contractor
Partner Patrick W. Kenny, Esq. recently won summary judgment dismissing all of plaintiff’s Labor Law claims and his common law negligence claim against our client’s who were the general contractor, owner and managing agents with respect to a renovation construction project in Manhattan. Plaintiff who was a union member laying vinyl base at the project […]
Summary Judgment Granted In NY Slip and Fall Case
Claire Rush, a partner with the firm’s New York office, obtained summary judgment on behalf of its client, a retail store, in a matter where plaintiff allegedly slipped and fell due to a water condition at the premises. Ms. Rush, along with partner David Schultz and associate Melissa Wolin, successfully argued that plaintiff previously walked across […]
Happy Holidays to All!
Happy Holidays to all and best wishes as we start the New Year!