Partner John Wynne Opposed Motion by Bus Passenger Who Claimed Severe Injuries

Partner John V. Wynne successfully opposed a motion by a bus passenger who claimed severe injuries and failed to serve a Notice of Claim in a timely manner. The plaintiff mistakenly served the pleading on a separate and unrelated entity and tried to correct the error after the time for such service expired.

Mr. Wynne successfully argued that since the plaintiff failed to report the accident when it happened, the municipal client was not given timely notice to commence an investigation and accordingly was severely prejudiced in its defense of this claim. The court agreed and denied the plaintiff’s motion to serve a late Notice of Claim, which is a required pleading that must be presented prior to service of a Summons and Complaint.

Moya O’Connor Will be a Panelist at the 2023 NAAIA National Conference

Barry McTiernan & Moore LLC is proud to share that Moya M. O'Connor is going to be a panelist at the NAAIA (National African American Insurance Association) National Conference on October 12th,2023 discussing legal trends within the insurance industry post-pandemic. Congratulations!

Partner John Wynne Obtained Dismissal of Case Where Bus Passenger Claimed Serious Injuries

Partner John V. Wynne obtained a dismissal of a case where a bus passenger claimed serious injuries due to an alleged “sudden stop” of our client’s bus. The plaintiff originally alleged that the accident occurred on May 15, 2017, and so alleged in the Notice of Claim, Summons, and Complaint and her deposition testimony. She later sought in 2023 to amend the pleadings to correct the date to June 24, 2017.  Arguing that this was an unreported claim when it happened, Mr. Wynne established that the municipal client was severely prejudiced by this late attempt to amend the pleadings.  The court agreed and denied plaintiff’s motion to amend while granting BMM’s motion to dismiss all claims.

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.

God’s Love We Deliver x BMM

Barry McTiernan & and Moore organized our 2nd volunteering initiative with God's Love We Deliver! Here’s what BMM employees had to say:

“This was an eye-opening experience for me, as this was my first time volunteering. There was an immediate sense of community, as strangers from varying socioeconomic backgrounds came together in a way that was deeply humbling—all we did was help prepare food, something so simple and easy to do. But somehow, it felt like more than that, it was more than just preparing and packing food. We were standing up for what we believed were human rights guaranteed for all and found genuine camaraderie through our shared beliefs. I cannot wait for our next volunteer event, and I look forward to signing up again and again (both inside and outside the workplace) to make a positive change in our world.” – Jackie Lee
 
“Being a volunteer at GLWD brings a strong sense of togetherness and community not only with your peers in attendance but also with the other volunteers who also gave their support on that day. We look forward to our continued partnership supporting GLWD.” –Shelly Evans
 
God's Love We Deliver (GLWD) is a nonprofit organization that provides nutritious, individually tailored meals to people facing HIV/AIDS, cancer, and other serious illnesses. Their mission is to improve the health and well-being of people living with severe illnesses by alleviating hunger and malnutrition.

Visit GLWD: https://glwd.org

William D. Joyce, III and Edoardo “Eddy” Maffia Obtained Another Pre-Answer Discontinuance on behalf of BMM Client in Labor Law Case

Partner William D. Joyce, III, and Attorney Edoardo “Eddy” Maffia obtained a pre-answer discontinuance on behalf of our client in a Labor Law case in which the Plaintiff allegedly sustained serious injuries from a construction site.

The plaintiff claimed that while carrying long metal strips down a stairwell, said strips got caught under his feet and caused him to trip and fall to the lower floor’s landing. The plaintiff named our client as a direct defendant in his individual capacity. Eddy and Bill zealously defended our client’s interests by advising Plaintiff’s counsel on multiple occasions that it was patently improper for Plaintiff to name our client in his individual capacity. Eddy and Bill discussed with counsel for Plaintiff at great length and ultimately advised that a motion to dismiss seeking sanctions would be filed if Plaintiff did not agree to sign a stipulation of discontinuance. After significant back and forth, Plaintiff agreed and voluntarily discontinued his causes of action against our client. The result was substantial time and cost savings for our client. In this matter, the life cycle of the case was a key metric, and Barry McTiernan & Moore's proactive efforts resulted in an early resolution and reduced unnecessary legal costs for our client.

Edoardo “Eddy” Maffia and William D. Joyce, III Obtained Pre-Answer Discontinuance on behalf of BMM Client in Labor Law Case

Attorney Edoardo “Eddy” Maffia and Partner William D. Joyce, III obtained a pre-answer discontinuance on behalf of our client in a Labor Law case in which the Plaintiff allegedly sustained serious injuries at a construction site. This matter was resolved within 9 days of assignment.

The plaintiff’s alleged accident occurred as part of his work on the 65th floor as an operational engineer. Early intervention and aggressive file handling by Eddy and Bill led to our discovery that our client was the construction manager on the lower floors of the same building and had been incorrectly named as a party to the litigation. Eddy and Bill coordinated with the client to obtain the necessary documentation and prepared an affidavit that was sent to the Plaintiff’s counsel’s office, which established that our client did not belong in the case. Upon review of the affidavit, Plaintiff agreed to voluntarily discontinue our client. The early dismissal was a victory for the client, as it resulted in substantial time and cost savings. In this matter, the life cycle of the case was a key metric, and Barry McTiernan & Moore's proactive efforts resulted in an early resolution and reduced unnecessary legal costs for our client.

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.

Shorav Kaushik Successfully Obtained Summary Judgement Dismissing All Claims Against Building Owner Client

Shorav Kaushik obtained summary judgment dismissing plaintiffs' Labor Law claims and counterclaims against the defendant, the firm’s Building Owner client.

 The plaintiff, an employee of a subcontractor, argued negligence and violations of the New York State Labor Law, claiming the defendant was responsible for removing the plywood from the floors of the construction site. However, on the accident date, this did not occur, and the plaintiff was injured while removing plywood.  

Mr. Kaushik successfully argued that Labor Law ss 240(1) and 241(6) did not apply to this accident. It was further established that a contractual obligation was triggered against the plaintiff’s employer due to an indemnity clause in the contract between the construction manager and the plaintiff’s employer.

The court granted summary judgment dismissing the plaintiff's Labor Law ss 200, 240 (1), and 241 (6) claims against our client, awarding summary judgment on our contractual claims against the plaintiff’s employer, and dismissing the plaintiff’s employer’s counterclaims for common law indemnification against our client. In this case, Mr. Kaushik achieved a successful result transferring liability and damages that would have otherwise been costly to the client.

Samantha Perlowitz Achieves Summary Judgement on Behalf of BMM Client

Congratulations to Samantha Perlowitz, Esq. for her excellent, prevailing argument of the firm’s motion for summary judgment on behalf of our client, the third-party defendant employer in a Labor Law matter.

The plaintiff-employee claimed he had fallen from a ladder after it became unstable, causing him to lose his balance, when he had been shaking a “stuck” Sawzall while attempting to remove a 9’ section of pipe, located approximately 9’ from the floor. He testified that he had been directed to do so by an unidentified individual on the job site by the name of “Walter.” We had no employees by that name on the job.

The decision of the Hon. Aaron D. Maslow of the Supreme Court, Kings County, notes the employer could not be held liable for common law indemnification as there was no evidence propounded to establish its negligence. The employer was not responsible for the means and methods of the injury-producing work, since no one from the company had instructed or directed the plaintiff to cut any pipes or perform any plumbing on the job. The third-party defendant was not even tasked with performing work where the accident occurred.

The contractual claims of third-party plaintiffs were similarly dismissed. Judge Maslow noted that the contract only provided for indemnification arising out of the work covered by the contract “to the extent the work was performed by or contracted for…” and that the insurance procurement provisions only would have protected third-party plaintiffs for claims arising out of, or resulting from, the insured’s work. Here, since the plaintiff was engaged in work that fell outside the scope of the contract, the indemnification and insurance clauses were held inapplicable to the instant matter.

As there were no material issues of fact remaining for a jury to determine, our motion was granted, and the third-party action is now dismissed.

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.  

Moya O’Connor Obtains a Unanimous Defense Verdict in Supreme Court, Kings County

Moya O’Connor recently obtained a unanimous defense verdict in Supreme Court, Kings County. The case involved a motor vehicle accident in which the plaintiff alleged that the defendant rear-ended her vehicle, but the client alleged that the cause of the contact was a result of the plaintiff making an illegal U-turn in front of his vehicle. The plaintiff alleged neck and back soft tissue injuries with three injections, a right leg injury with no surgery, face lacerations, and knocked-out teeth. The parties agreed to a unified summary jury trial with a high/low of $95,000/$5000. The jury delivered the unanimous defense verdict within 15 minutes.

Congratulations to Moya and her team, as well as the BMM 2023 summer associates, for helping to achieve a favorable verdict.

BMM Sponsors Worthy of Love

On June 16th BMM sponsored and volunteered at the Worthy of Love event hosted by Project Kind. The Worthy of Love event brought residents without addresses to Giants Stadium to participate in a fun filled day of services.

In the morning, the BMM team assisted in setting up the giveaway stations. Once the friends arrived, volunteers partnered in buddy groups and guided them through the Giants Stadium different areas and stations, which included meeting Giants football players, collecting hygiene supplies, clothing and other essentials, offering spa services, motivational speakers and so much more in an effort to let the friends know they were cared for. A health check station was also available, as well as information about health services, housing, mental health, job search, and training.

Thanks to everyone who attended and contributed to such a great cause.

Partner Claire Rush Obtains Defense Verdict in High Stakes Damages Case

Partner Claire Rush recently obtained a defense verdict in New York County in a high stakes damages case. Plaintiff was a passenger in a car driven by her son that had a minimal policy. Plaintiff sued her son and the Authority claiming that our client’s bus caused the accident because the defendant bus driver pulled out from a mid-block bus stop on Madison Avenue and struck the co- defendant's car.   Plaintiff argued that the bus crossed into the car’s lane, striking the right-side rear door causing the car to turn in front of the bus which resulted in the car being pushed 20-30 feet. The Authority maintained that the accident occurred in the intersection and was caused by plaintiff making an illegal right turn.   

Plaintiff, 48 years old at the time of this incident, alleged significant injuries, including left shoulder surgery, a right knee arthroscopy, a cervical fusion, and a lumbar laminectomy. Plaintiff allegedly developed failed back syndrome and experienced chronic unremitting pain.  She claimed that the pain rendered her unemployable. Since the lumbar discectomy plaintiff had 4 lumbar electrical stimulator devices inserted. Plaintiff’s demand was $17M. A future life care plan alleged up to $5M in future medical costs.  

Plaintiff identified one of her sons as damages witness on the eve of trial.  Ms. Rush took the son's deposition and elicited testimony that the plaintiff and her defendant son had made declarations against interest that undermined plaintiff's liability position. Through testimony from our client’s bus operator, the responding Police Officer, a passenger on the bus and cross-examination of the codefendant, plaintiff and the non-party witness son, Ms. Rush successfully argued that it was the plaintiff’s son who was the cause of the accident.  

After hearing the evidence, the jury found in favor of our client.  Congratulations to Claire Rush for another phenomenal result.

Shorav Kaushik Elevated to Of Counsel

BMM is pleased to announce Shorav Kaushik has been elevated to Of Counsel, a testament to his over ten years of experience, diligence, and dedication. Shorav has repeatedly obtained favorable results for our clients, achieving the best possible outcomes for their objectives.  

Shorav is a member of the South Asian Bar Association of New York. Additionally, he is admitted to the Bars of the States of New York, New Jersey, Pennsylvania, and Connecticut. Shorav is repeatedly called upon to represent the interests of general contractors in New York State Labor Law matters, as well as the interests of transportation companies in catastrophic motor vehicle accidents and argued in the Courts of both New York and New Jersey. Shorav’s ability to independently handle and assess matters in a unique and aggressive manner makes him the perfect fit for a lengthy career at BMM. “Shorav has a great legal mind. He is intelligent, hardworking, and always willing to step up to the plate,” says Alex Malino, the firm’s Managing Partner.  

Celebrating Caribbean American Heritage Month: Employee Spotlight - Moya O’Connor

June is Caribbean American Heritage Month. This month gives us an opportunity to learn and celebrate the cultural and historical contributions of Caribbean Americans.

In celebration we are spotlighting Barry McTiernan & Moore's Trial Attorney, Moya O'Connor, whose practice focuses on defending complex litigation in State, Appellate, and Federal Courts.

Jamaican-born, Moya is the founder and CEO of Caribbean Attorneys Network, Inc. (CAN), a professional organization dedicated to developing legal professionals of Caribbean descent. Recently, Moya was chosen as an honoree for the Schneps Media 2023 Manhattan Power List.

When interviewed, she responded as follows:

When did you realize you wanted to become a lawyer, and what inspired you to pursue this career?

I love to debate, and always wanted to be a lawyer because I participated in mock trials since the seventh grade. I participated in mock trials in high school and college, as well as moot court in law school. I always shined in the courtroom. My inspiration is my sister who is also an attorney.  

How has being of Caribbean descent influenced your career in the legal field? 

Being Caribbean catapulted my career!! It pushed me to create CAN. My Jamaican background and passion for my culture pushed me to create the bar association, Caribbean Attorneys Network, which has been a home for attorneys, law students, and legal professionals of Caribbean descent since 2014.

 What advice would you have given yourself at the start of your career? 

“You are here because you deserve to be here.” I battled imposter syndrome for the majority of my legal career, and it took me a long time to believe that I had what it takes to be a successful attorney.

 A favorite mantra or quote. 

“It is not what they call you. It is what you answer to. Keep going.”

Patrick Whitford Obtains an Early Discontinuance in Labor Law Case

Attorney Patrick O'Haire Whitford obtained an early discontinuance on behalf of our client in a Labor Law case where the plaintiff allegedly sustained serious injuries from a defective/dangerous piece of machinery.

The plaintiff’s alleged accident occurred as part of her work at a “project within a project”, where our client was the construction manager of a larger building renovation project, but the plaintiff was working on a separate, smaller restaurant renovation project, also taking place at the same location and time. It turned out that the plaintiff was under the supervision and control of a separate general contractor hired by the common owner/co-defendant. Even though our client was misidentified as having been involved in the work which allegedly caused plaintiff’s injuries, Patrick exchanged an affidavit to the other parties showing that our client did not belong in the case.  After reviewing the affidavit, the plaintiff and co-defendants agreed to a voluntary discontinuance in favor of our client.  The result was substantial time and cost savings for our client. In this matter the life cycle of the case was a key metric, and Barry McTiernan & Moore's proactive efforts resulted in an early resolution.

Liebhauser and Kaushik Secure Dismissal of Labor Law Claims and Contractual Indemnification in Favor of General Contractor Client

Lynda Liebhauser and Shorav Kaushik successfully secured dismissal of plaintiff’s Labor Law section 200 and 241(6) claims against our clients, the owner and general contractor of the project.   Plaintiff alleged he was injured when a dolly collapsed while moving a piece of a crane on the dolly.  Plaintiff argued the occurrence was caused by negligence on the part of employees, the general contractor, and its agents.  In addition to BMM obtaining the dismissal of plaintiff’s claims, the Court granted our motion for contractual indemnification and common law indemnification against the subcontractors who hired plaintiff’s employer.

This result was a team effort, our office expertly developed a strategy to obtain a successful summary judgment motion and achieve this excellent result for our clients.

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.

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.