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.
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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.
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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 Saint Dominic’s Family Services

Once again, Barry McTiernan & Moore LLC is a proud sponsor of the 43rd Annual Friends of Saint Dominic’s event benefiting Saint Dominic's Family Services! Their mission is to empower children, adults, and families facing challenges to thrive in their communities by addressing their needs with compassion, dignity, and care. 

The event was hosted by the Archbishop of New York, Timothy Michael Cardinal Dolan. The event chairman, Eugene Peter White, Executive Vice President, Client Relations for STO Building Group has been a longtime supporter and client of the firm. The event brings together those active in the NY construction community to raise funds for this great cause. We are always proud and honored to sponsor such a wonderful event and partner with our long-standing client who continues to do great things in our community.

Brendan Moynihan, Vice President of Claims for STO Building Group along with BMM Attorneys Alex Malino, William Joyce, Daniel Voronin, Esq., and Edoardo Maffia attended the organization's annual networking event where $1.2 million was raised!

Daniel Voronin Successfully Obtained Summary Judgment in favor of BMM Client in Premises Liability Case

Associate Daniel Voronin obtained summary judgment in favor our a BMM client in a premises liability case.  The plaintiff was walking on a sidewalk and fell through temporary asphalt, installed by co-defendants, which caved in and created a sinkhole.

Mr. Voronin worked with the client to produce evidence and testimony that showed the client’s work on the sidewalk over 1 ½ years prior to the accident did not cause or create the subject sidewalk defect complained of, nor was it the proximate cause of the plaintiff’s alleged accident. 

After vigorous motion practice and oral arguments, Judge Gina Abadi of the Supreme Court, Kings County agreed with Mr. Voronin and ordered the dismissal of all claims against the client. This meticulous and thorough approach saved our client from incurring the costs of further litigation, settlement contribution, and/or possibly trial.

Associate Daniel Voronin Obtains an Early Discontinuance in a Labor Law Case

Associate Daniel Voronin obtained an early discontinuance on behalf of our client in a Labor Law case where the plaintiff claimed to have fallen from a ladder on the 2nd floor of a building and sustained injuries. 

Daniel worked with the client to prepare an affidavit showing that our client did not belong in the lawsuit because we performed work in a different location in the building pursuant to a separate contract.

After presenting the affidavit to all parties in the action, the plaintiff and co-defendants/third-party defendant agreed to discontinue the action against the client. The result was significant time and cost savings for our client. Through proactive efforts, Barry McTiernan & Moore achieved an early resolution in this case.