Associate Tom Daly Prevails on Another Motion for Summary Judgment

Barry McTiernan & Moore LLC prevails on yet another motion for summary judgment, extricating our client prior to the start of multiple defendants’ depositions!
Over the opposition of both plaintiff’s counsel and a co-defendant, upon oral argument, the Court agreed with our defense position, as admirably contended by Tom Daly, Esq. of this firm, that our motion was not premature and that the client’s supporting affidavit was not “self-serving.” Tom established that we had made a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient and admissible evidence to eliminate any material issues of fact from the case.
Lifecycle and aggressive motion practice on cases in which our clients do not belong are two KPIs upon which the firm consistently focuses, resulting in excellent results for our clients.

Partner Alex Malino will be a Panelist at CLM Alliance Annual Conference

CLM Alliance (Claims and Litigation Management Alliance) Annual Conference – April 4th – 11:45 am – 12:45 pm.

You'll find Partner, Alex Malino from our Barry McTiernan & Moore LLC team in San Francisco this April unleashing claims and litigation management insights at the CLM Alliance (Claims and Litigation Management Alliance) Annual Conference. Join him at this session: “Just Because You Demand the Limit, DOESN'T Mean We Have to Pay!”

This engaging roundtable will focus on how to protect the interests of the insured and the carrier when a plaintiff’s attorney presents the carrier with a policy/time limit demand.

Alex Malino (Partner, Barry McTiernan & Moore LLC)
Julie Beaumont, AIC (General Manager Claims, Acuity Insurance)
Jaion Chung (Partner, Kahana Feld, LLP)
Dawn J. Krigstin (CEO, Envoy Specialty - Boutique Claims Services Provider, LLC)
Bharat Varadachari (Attorney, HeplerBroom LLC)

Associate Tom Daly Secures Voluntary Pre-Discovery Discontinuance

Associate Tom Daly was recently successful in obtaining all parties’ consent to voluntarily discontinue an action, as against Barry, McTiernan & Moore’s client in a case where the plaintiff claims to have been injured in a construction accident. Through persistence and continued effort, Tom was able to successfully argue that the firm’s client was an improper defendant in this action, and thus all parties agreed to discontinue.  

 Since the discontinuance occurred before any significant discovery or depositions took place, Tom 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. Attorneys like Tom are helping to lead the way!

Partner John Wynne Secures Another Dismissal for BMM Client.

Partner John V. Wynne secured another dismissal for a BMM client who operates buses in the City of New York. The plaintiff sued our client’s employee, a bus operator, alleging negligence which resulted in serious injuries to the plaintiff. By the time the plaintiff commenced suit, direct action against the bus company was already time-barred. 

Mr. Wynne immediately moved for dismissal, arguing that as an employee of the bus company, which is a Public Authority, the bus operator was entitled to application of the same abbreviated statute of limitations and therefore dismissal was warranted.   The court agreed and all claims were dismissed.  

Happy International Women’s Day!

As a majority woman-owned firm, BMM salutes the women that have come before us and we celebrate the women of BMM today, staff and attorneys.
We look forward to building a brighter future and adding more women to continue to strengthen our team!

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!

BMM Attends Fordham University School of Law Small & Midsize Law Firm Reception.

Barry McTiernan & Moore LLC had the honor of attending the Fordham University School of Law Small & Midsize Law Firm reception last week. The students had the opportunity to speak with our Human Resources department Shelly Evans, Tabia Smith, and one of our Associates, Edoardo Maffia.

Our firm discussed our 2024 Summer Internship with the students and spoke with 3L students about working for us full-time after graduation. This was a wonderful experience for everyone especially because Eddy is a Fordham Alumni, and he described his experience as very surreal (in the best way possible) to be back at Fordham on the other side of the tables to recruit. It is important at BMM that we create a pipeline with the students and provide the students with hands-on real legal experience to become great lawyers in the future.

Commercial Observer Highlights BMM Relocation

Click the link to read more:

Law Firm Barry McTiernan & Moore Moving HQ to 18K SF at One Battery Park Plaza – Commercial Observer

Partner Patrick O’Haire Whitford Obtains Directed Verdict On Trial In Queens Civil Court.

Partner Patrick Whitford obtained a directed verdict in a property damage action in Queens. The plaintiff sought damages when she claimed that work by our client disconnected her from a sewer line connection. Our client was servicing the wastewater pipe of an adjoining property owner. Although she was warned to bring an attorney and witnesses to support her allegations, she appeared pro se and without any supporting proof.    

Patrick was able to object to each allegation that the plaintiff made during her opening and the presentation of direct evidence, successfully obtaining rulings excluding her testimony as either hearsay or lack of foundation.  At the close of the plaintiff’s case, Patrick’s motion for a directed verdict was granted and the plaintiff’s case was dismissed in its entirety.  Had it not been dismissed, three witnesses were prepared to testify that all of the plaintiff’s allegations were without foundation and contradicted by the documentary evidence in the possession of the NYC DEP and the consulting Arborist.

Associate Edoardo “Eddy” Maffia Obtains Pre-discovery Voluntary Dismissal

Edoardo “Eddy” Maffia obtained a voluntary dismissal in a Labor Law case on behalf of our Garage Operator client where the Plaintiff allegedly sustained serious injuries from a construction site accident. This matter was resolved prior to depositions or substantive discovery taking place.

The Plaintiff’s alleged accident occurred when he tripped and fell on debris in the course of his employment as a construction worker on the garage floor of the premises. Early intervention, aggressive file handling, and consistent communication and collaboration with the client led Eddy to ascertain that our client had halted operations due to the COVID-19 pandemic and was not on site on the date of loss. As such, our client had been incorrectly named as a defendant. Eddy coordinated with the client to obtain the necessary documentation and was able to convince Plaintiff and two Co-Defendants to withdraw their claims and crossclaims against our client.

The early discontinuance led to substantial time and cost savings for our client and removed the matter from their loss runs. In this matter, the life cycle of the case was a key metric, and Barry McTiernan & Moore's proactive efforts resulted in an early dismissal and reduced unnecessary legal costs for our client.

Partner Kevin Maguire Obtained Summary Judgment On Behalf Of BMM Client in a Sensitive Case.

Partner Kevin Maguire obtained summary judgment on behalf of the firm’s client, a school district, in a very sensitive case involving the rape of an eleven-year-old girl. The girl became pregnant by her mother’s boyfriend, who ultimately pleaded guilty and was sentenced to jail. The plaintiff’s birth father sued on her behalf and claimed that the school district was negligent in failing to observe the physical changes and report suspected abuse to the State Central Register as required of mandated reporters under the Social Services Law. 

Kevin worked with the client to obtain affidavits and used deposition testimony to establish our entitlement to summary judgment – that the school had no reason to believe that the child was being abused at home or was pregnant. 

Kevin argued that the teachers and administrative staff had regular interactions with the child who claimed the weight gain was the result of her eating too much and that she was very happy at home. Neither her mother nor her birth father ever suspected she was pregnant or being abused. The Court granted summary judgment in favor of the firm’s client.

Partner Moya O’Connor will be a Panelist for the Metropolitan Black Bar Association

We are proud to announce that our Barry McTiernan & Moore LLC Partner Moya M. O'Connor will participate as a panelist for the Metropolitan Black Bar Association Trial Advocacy Program on January 26th, 2024.

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

Partner John V. Wynne secured a dismissal of the plaintiff’s complaint where the plaintiff, a passenger on a bus operated by BMM’s client, claimed serious injuries due to the alleged negligent operation of the bus. The passenger initially sought leave of the court to serve a Notice of Claim upon the client after the statutory time limit had expired. Mr. Wynne successfully opposed that motion. Nevertheless, the passenger subsequently served a summons and complaint alleging compliance with the Notice of Claim requirements.  

Mr. Wynne immediately moved for dismissal citing the court’s previous denial of claimant’s motion, arguing that the allegations of compliance were false and the applicable statute of limitations for an action against a Public Authority has expired. The court agreed and dismissed all claims against BMM’s client.

Congratulations to Tom Daly and Alexander Fagone for Passing the Bar Exam.

Managing Partner Alex Malino Obtained Dismissal in Snow and Ice Case.

Managing Partner Alex Malino obtained a dismissal in a snow and ice “storm in progress” case where the plaintiff alleged severe personal injuries when he fell on ice at the smelting facility of one of the firm’s clients. The plaintiff, a trucker, had arrived early for a delivery to our client’s facility.  Slightly after sunset, the plaintiff exited his vehicle and slipped and fell on an icy condition causing severe personal injuries and fractures.  The case presented significant exposure given a lien in the mid-six figures.

During the deposition, Alex questioned the plaintiff, who admitted there was a black ice condition present, which by its definition, cannot serve as notice of a dangerous condition. Aiding the defense was an expert meteorologist who evaluated all weather conditions through an affidavit with accompanying certified meteorological reports to conclude the weather had changed minutes before the sun had set and any potential freezing just occurred.  As such, the ‘storm in progress’ rule was argued which holds a landowner is not liable for any icy condition until an adequate period of time has passed following the cessation of the storm, giving the owner the opportunity to ameliorate the hazards. Additionally, the plaintiff’s meteorologist affidavit could not raise a triable issue of fact, as it didn’t identify with specificity or detail what records were relied upon to draw his conclusions.

 The court agreed with our arguments and dismissed the plaintiff’s complaint in its entirety.  We take pride in working with our clients on identifying resolution strategies early on and pursuing them aggressively using the best experts and technology available.

Associate Samantha Perlowitz and Managing Partner Alex Malino Achieve Rare Case Dismissal for Tenant and General Contractor in NY State Labor Law Claim.

Associate Samantha Perlowitz obtained a tremendous result for BMM clients, in a labor law case where we represented a top 40 Corporation in the US as a tenant as well as the general contractor for the construction project. The plaintiff alleged severe personal injuries and violations of NY Labor Law Sections 200, 240, and 241(6) when he was caused to be injured when a ladder fell, striking him in the head and upper torso and causing neurological injuries as well as personal injuries to his head and shoulders. The owners also sought indemnification against our clients. Working with partner Alex Malino, Samantha successfully argued that given the plaintiff was an employee of a subcontractor, the requisite control or notice did not exist for liability under Labor Law 200 against our clients.  Samantha successfully argued plaintiff’s claim was not covered under the ambit of Labor Law 240 as the plaintiff did not fall from a height nor did anything fall from a height onto the plaintiff which should have been secured.  Finally, the argument was made that the 241(6) claims weren’t properly pleaded as the plaintiff only alleged a violation of industrial code 23-1.21 which dealt with ladders and ladderways. Samantha argued the plaintiff was not using a ladder at the time and as such this industrial code was not applicable.

The court agreed with all of Samantha’s arguments and dismissed the plaintiff’s complaint in its entirety while also dismissing the owner’s indemnification claims as academic. This was aggressive lawyering in a case where the plaintiff wanted a significant six-figure settlement and thought this was a 240 case.  Knowledge of the law and its application is something we pride ourselves on at BMM.   

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.