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!

Celebrating Women’s History Month: Employee Spotlight - Patricia Sullivan

Partner Patricia Sullivan has accumulated a wide range of expertise and experience over the course of her 42-year career. Ms. Sullivan describes herself as a "Lifer" at BMM, having started while still a law student, progressed as an associate, and then honored to be named a partner of the firm. According to Ms. Sullivan, with each case file assigned, she gained experience under the guidance of some very seasoned and respected members of the legal profession.

Ms. Sullivan’s practice specializes in professional liability, Labor Law, and other construction-related matters. Her representation of nationwide restaurant chains has included premises liability, as well as corporate compliance and attendance at hearings before the Environmental Control Board, OATH, and Criminal Courts. When recently interviewed, she responded as follows:

What is your favorite aspect of practicing law?

The practice of law involves conquering new intellectual challenges every day, interacting with all kinds of personalities, and encountering new fact patterns. My favorite aspect of being an attorney is being able to end the day knowing that the best possible outcome has been achieved.

In your career, what have been the most significant obstacles, and how did you overcome them?

My greatest obstacles have been sexism and gender bias. Throughout my career, I have faced pre-judgment, bullying, and harassment by male colleagues in the profession. It was necessary to work harder than the fellows in order to gain professional respect and acceptance by being extra-prepared and willing to take the lead.

As a new attorney, I was younger in age and appearance than many of my peers, such that there were times I felt my presence was summarily dismissed. Fortunately, I had already interned at BMM for three years, had been mentored by an excellent attorney in the handling of complex medical malpractice cases, and "knew my stuff" for someone my age.

It was common for male attorneys to direct me toward the stenographic equipment, thinking I was the court reporter. One, in particular, could not even fathom that I was his adversary, despite being informed by his receptionist that I was there as counsel, not a stenographer. In my younger days, I was physically shoved, fondled, and on the receiving end of derogatory remarks. As were some other female attorneys at the time, we were kept in Chambers as “eye candy” by a certain judge; such obstacles made it difficult to establish comradeship as an equal.

I quickly learned that I had to take immediate measures to inspire confidence by others in my abilities, whether I was working with co-workers, clients, or the courts. It took energy, time, and effort to address the sexism and prejudice. However, if left unaddressed, it could easily have resulted in low self-esteem, depression, or other negative effects which would just feed into the ignorance of those who were close-minded.

What advice would you give future attorneys?

I encourage those contemplating a career in law to work on developing skills rather than simply amassing knowledge, as those abilities will always support any future endeavors.

No matter the field of law, detailed reading, confident speaking, and persuasive writing are essential. There are also more subjective skills to be developed, including how to evaluate an adversary, identify the essence of a situation, negotiate, argue strong points, listen deeply, stay strong, or fold appropriately when the cards are against you. Empathy, honesty, and professionalism will always serve you well.

Name a woman in history that has inspired you.

I remain inspired by the life of Mary Teresa Bojaxhiu (1910-1997), more commonly known as “Mother Teresa,” who won the Nobel Peace Prize in 1979. She founded a missionary order, and her/their charitable works were simply amazing: tending to those suffering from HIV/AIDS, leprosy, tuberculosis, etc., when others would not do so, working with and living among those known as “the poorest of the poor,” and establishing innumerable soup kitchens, clinics, counseling programs, orphanages, and schools around the world.

She spoke five languages and was open to various religions, assisting the dying with respect and according to their faiths:  Muslims were read the Quran, Hindus received water from the Ganges, and Catholics received their “Last Rites.” Although herself a Catholic nun, as to her calling, she stated, “I belong to the world.” According to former U.N. Secretary-General Javier Perez de Guellar, “She is the United Nations. She is peace in the world.” One cannot help but be inspired by her determination and then her successes.

She is quoted as having said, “Discipline is the bridge between goals and accomplishments.” She was humble despite her achievements, but encouraged all to do something to make this world a better place: “Not all of us can do great things, but we can do small things with great love.” She valued collaboration: “I can do things you cannot, you can do things I cannot; together we can do great things.” This one, small, diminutive person was not easily dissuaded: “Do not allow yourselves to be disheartened by any failure as long as you have done your best.” Her strong resolve, her ability to lead by words and example, and her resiliency are all to be admired. Her “Do It Anyway” words are truly motivational, as summed up, in part, by, “The good you do today may be forgotten tomorrow; do good anyway. Give the world the best you have and it may never be enough; give your best anyway.”

NY Legislators to Consider Significant Expansion of Wrongful Death Statutes

Written by Patricia Sullivan

Bills seeking to amend and expand New York’s Estates, Powers and Trusts Law (E.P.T.L.) have been introduced in the Senate and Assembly with significant proposed changes as to the wrongful death statute of limitations, the nature of the awards, and those eligible to bring the actions.

If passed, the time period within which to commence the litigation would be enlarged from the current two-year statute of limitations to a period of three and one-half years after the date of death. The change is said to be aimed to bring wrongful death actions in line with New York’s three-year personal injury statute of limitations, with an extra six months added to reflect the time needed for Surrogate’s Court to approve an estate representative with standing to commence the action.

In terms of damages, they would no longer be limited to pecuniary losses. In addition to compensation for items such as funeral expenses and medical care costs, the proposals now include, as compensable items, “grief or anguish caused by the decedent’s death, and for any disorder caused by such grief or anguish,” as well as awards for the loss of “love, society, protection, comfort, companionship, and consortium,” and for the loss of “nurture, guidance, counsel, advice, training, and education” resulting from decedent’s death.

Those entitled to damages would no longer be solely one’s distributees, or decedent’s parents in certain circumstances, as the class of those entitled to bring wrongful death actions would now be specifically broadened to include “surviving close family members, which may include but are not limited to, spouse or domestic partner, issue, parents, grandparents, step-parents and siblings.” The sufficiency of the degree of “closeness” of the relationship is to be determined by the finder of fact.

The proposed amendments address E.P.T.L. Sections 5-4.1, 5-4.3, 5-4.4 and 5-4.6. The language reads that the Act shall “take effect immediately, and shall apply to all pending actions, and actions commenced on or after such date.”

The bills are being termed the “Grieving Families Act,” as proponents claim New York’s wrongful death laws, initially enacted in the mid 1800’s, perpetuate racial, gender and class disparities. While a provision may be in order reflecting the various family relationships which are now commonplace, there is no reason to disturb the prior wrongful death statute of limitations or to create such a vast expansion of types of claimed damages.

Notably, there is no proposed inclusion of a reconsideration of New York’s 9% interest rate on wrongful death verdicts, interest which runs from date of death per CPLR 5004, although that figure may be considered outdated, as it does not reflect current rates or offer ranges, as in other jurisdictions.

The proposed legislation would significantly increase the awards for verdicts in cases involving those with limited economic losses, including those involving the elderly, children, or persons with limited income. Such changes well may raise the cost of doing business in the State of New York.

Similar amendments have been attempted and failed in prior years. Now however we are coming out of a difficult year, filled with losses in many families. Emotions still are running very high. Particularly in light of the February 2021 Court of Appeals decision in Greene v. Esplanade Venture Partnership 2021 NY Slip Op 01092, where the zone of danger rule was expanded to include a grandparent-plaintiff (who was in close proximity to the decedent-grandchild,) such that grandparents are now deemed to be part of one’s “immediate family,” and where there is colloquy in favor of expanding damages for emotional damages, the proposed amendments should be taken seriously.

If anyone should wish to comment upon the bills, please note they are referred to as A-6770 and S-74-A and are still in the respective committees. They are to be considered in the 2021-2022 Legislative Session, so you may wish to find your senator and/or assemblyperson and express your views now.