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.

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.

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 to BMM’s 2023 Super Lawyers and Rising Stars.

Barry McTiernan and Moore is excited to congratulate 7 of our lawyers who were recognized as 2023 Super Lawyers and Rising Stars!

BMM’s 2023 Super Lawyers are, Executive Partner, Suzanne Halbardier was selected for her fourteenth consecutive year for Environmental defense. Managing Partner, Alex Malino was selected for his second consecutive year in Constructional Litigation defense. Partner, Claire Rush was selected for her eleventh consecutive year for Personal Injury defense. Of Counsel, Roger "Paul" McTiernan Jr. was selected for his tenth consecutive year for Construction Litigation defense. Of Counsel, Richard Wedinger was selected for his tenth consecutive year for Civil Litigation defense.

We are also excited to announce BMM’s 2023 Rising Stars! Senior Associate, Ryan Rayder was selected for his first year for Personal Injury defense, and Associate, Edoardo Maffia was also selected for his first year for Civil Litigation defense.

Barry McTiernan and Moore’s dedicated and award-winning attorneys truly make us unique as a firm and well-known to the Tri-state legal community. They continue to show their enthusiasm, great work ethic, and individuality on a daily basis which puts BMM on the path to legal success.

Barry McTiernan & Moore Promotes Four Attorneys to Senior Associates

We are pleased to announce the promotions of Ashley Johnston, Ryan Rayder, Rafael Soto, and Melissa Wolin to the position of Senior Associate, in recognition of their professionalism, dedication, and hard work. During their time at Barry McTiernan & Moore, they all have consistently demonstrated a solid understanding of the law and legal skills to achieve positive outcomes for our clients. They have collectively exhibited leadership skills in mentoring and guiding junior members of the team, fostering an environment of collaboration that reflects BMM's core values. Their promotion not only recognizes their individual achievements but also reflects our firm's commitment to nurturing talent and providing growth opportunities.  

“On Ashley’s work for a major account, she has shown true leadership in guiding other attorneys and paralegals in performing timely and quality work for the client,” commented Executive Partner Suzanne Halbardier.  “I’m excited to watch Ashley build her career here at Barry McTiernan & Moore as a zealous advocate for our clients.”

“Rafael is an asset to Barry McTiernan & Moore. He has made a valuable contribution to our firm with his vast trial experience. His ability to quickly think on his feet and confidently solve problems has been a big part of the success of the firm’s New Jersey branch” says New Jersey Managing Partner, Lynda Liebhauser.  

“Ryan is an insightful litigator who has learned to cut to the chase, seeking potential risk transfer options at every opportunity.  His sharp mind and pleasant personality provide quite a challenge for his adversaries. We are pleased to celebrate his success" said Partner Patricia Sullivan.  

“It has been such a pleasure watching Melissa grow from her days as a Law clerk in school into the intelligent, forward-thinking litigator that she’s become. The promotion is well deserved. “Alex Malino, Managing Partner, expresses.

Congratulations to Ashley Johnston, Ryan Rayder, Rafael Soto, and Melissa Wolin, we look forward to your continued professional growth at the firm.  

Associate Ryan Rayder Successfully Obtains a Pre-Discovery Voluntary Discontinuance in Premises Liability Case

In an action where the plaintiff alleged to have tripped and fallen over a metal covering/plate in the roadway/street on a sidewalk in Kings County, Associate Ryan Rayder secured a voluntary discontinuance from all parties before any significant discovery occurred. Through early collaboration with our client, Ryan drafted an affidavit explaining that our client did not perform any work at or near the area where plaintiff alleged his accident took place.

After exchanging the signed affidavit on all parties, Ryan obtained a voluntarily discontinuance on all claims asserted against BMM’s client.  Because the discontinuance occurred before any significant discovery or depositions took place, Ryan was able to save our client significant time and expense in defending the case.

At Barry McTiernan & Moore, a case’s life cycle is an integral performance indicator, and this case is an example of the proactive measures the firm takes to resolve issues of law at an early stage.

Associate Ryan Rayder Granted Pre-Discovery Summary Judgment

Associate Ryan Rayder obtained an early dismissal of the BMM client in a trip and fall case where plaintiff claimed to have been injured after tripping over a plank of wood outside of a renovation construction project. Ryan worked with the client to develop the requisite affidavit in support of a pre-discovery motion for summary judgment, arguing that our client was not the general contractor responsible for the subject premises.

The plaintiff's counsel argued that since depositions had not yet taken place, which could help uncover additional information, summary judgment should not be granted. However, the Court agreed with Mr. Rayder’s arguments that no further discovery would be needed under these circumstances.

As a result, the motion was granted and all claims against the firm’s client were dismissed before any significant discovery or depositions were conducted. This saved our client significant time and expense. At Barry McTiernan & Moore, a case’s life cycle is an integral performance indicator, and this case is an example of the proactive measures the firm takes to resolve issues of law at an early stage.

Associate Ryan Rayder Shares a Touching Tribute To his Veteran Grandfather

Written by Ryan Rayder

Veteran’s day is a day I hold close to my heart. Like many Americans, growing up I heard the stories about America’s greatest generation. I was lucky enough to have one of those great Americans as my grandfather.

Thomas Lawrence McNamara, at the age of 17 followed General Patton on the European Tour during World War II. I can’t imagine the courage, bravery, and focus that my grandfather displayed during an incredibly scary and stressful time.

However, at the same time, it does not surprise me. Growing up my grandfather taught all of his 8 children and all 14 of his grandchildren the importance of standing up for what you believe in, helping others in any way that you can, and the age-old saying “you can do anything you set your mind to”.

I carry all of those same values with me today as an attorney. I miss him terribly and I am so proud to honor his memory this Veteran’s Day and every day. Please enjoy this photograph of my grandfather meeting the Russian Soldiers at Elbe River, signifying the end of World War II. 

Thomas Lawrence McNamara

Associate Ryan Rayder Achieved Victory For BMM Client

Associate Ryan Rayder achieved another victory for a BMM client after being granted summary judgment and the codefendant settled the claim without contribution by our client. The lawsuit involved a slip/trip-and-fall accident resulting in a claim of fracture and an altered level of enjoyment of life by the plaintiff. Our firm represented the adjacent ground-floor tenant, impleaded by a landlord/owner looking to transfer liability. Although there was a defect in the sidewalk, there were also medical records reflecting that the plaintiff’s fall took place due to the presence of snow/ice, and testimony from the plaintiff that there “may have been” some moisture there as it had snowed earlier that day.

Ryan prepared a motion for summary judgment, focused upon the landlord’s duty to repair structural defects and the lack of responsibility of the tenant who had never performed any exterior work on that sidewalk, and contested any obligation to indemnify the owner under the terms of the lease.

Ryan Rayder Successfully Obtained Summary Judgment on behalf of Construction Management Client

Associate Ryan Rayder successfully obtained summary judgment dismissing the plaintiff’s complaint against the firm’s construction client in a Labor Law case. The plaintiff claimed he sustained multiple injuries while performing construction work in the basement of a job site from fallen debris. The Complaint alleges violations of the common law and Labor Law 200, 240, and 241(6) with the plaintiff seeking damages and lost wages in the six figures.

Rayder, after careful collaboration and coordination with our client, was able to submit an affidavit in support of the motion, that showed BMM client did not perform any work in the area where the plaintiff’s accident occurred and was not the general contractor for this project. In the Court’s decision, they stated that the plaintiff’s arguments in opposition, that it was premature to award summary judgment as discovery and the depositions of all parties had not yet taken place, were not sufficient.

Rayder successfully executed our client’s target goal for early case resolution. Thus, the dismissal of the complaint against our client before any significant discovery and/or any depositions took place, saving our client significant time and expenses. This is yet another example of the firm’s approach to early proactive action where issues of law can be readily resolved. Life Cycle is an integral key performance indicator at Barry, McTiernan & Moore with attorneys like Mr. Rayder continuing to lead the way in facilitating early dispositions.

Annual St. Edmund Preparatory Golf Outing

On October 7, 2021 associate Ryan Rayder, Class of 2010, attended the annual St. Edmund Preparatory High School Golf Outing. This year’s event was located at Lawrence Yacht & Country Club. It was a fun and memorable day for all participants.

St. Edmund Preparatory High School is a Roman Catholic college preparatory school for young men and women, located in Sheepshead Bay, Brooklyn, New York.

The Prep’s mission is to empower their student to become confident and self-disciplined participants in the ever-changing global society and to educate their students in accordance with the needs of each student, challenging them to achieve academic excellence through practical learning experiences.

“St. Edmund Prep provided me with not only a world-class education but also taught me how to be an advocate for others. As attorneys, we provide a voice for those who need one. We use our skills to advocate and reach favorable outcomes for our clients. We place the needs of others before our own. All those core values I learned from St. Edmund Prep. To be able to help ensure that future students and graduates of the Prep can have that same experience is special.”

Successful Early Case Dismissal

Associate attorney Ryan Rayder successfully obtained an early dismissal on behalf of a landowner defendant. Plaintiff slipped and fell on a sidewalk and filed suit in Richmond County. However, he repeatedly failed to appear for his 50h hearing and a deposition despite the statutory requirement and numerous court orders requiring the plaintiff to appear. Plaintiff was alleging serious injuries, including a fractured fibula and cervical and lumbar radiculopathy. Rather than letting the plaintiff delay the case, Mr. Rayder aggressively pursued discovery and created a strong record to support the dismissal. It was through perseverance that the Court concluded that the plaintiff’s claim should be dismissed with prejudice.