Partner, John Wynne Obtains Voluntary Discontinuance In Queens County Supreme Court.

We are pleased to share another successful result secured by Partner, John Wynne. In a Queens County matter arising from an alleged motor vehicle accident involving the firm's transit client and a parked passenger vehicle, John successfully defended against claims alleging significant personal injuries and future medical treatment. After a thorough investigation and strategic defense focused on liability, the action was ultimately discontinued by plaintiff with prejudice in favor of our clients.

From the outset, the defense strategy centered on the factual evidence demonstrating that the claimant opened a vehicle door into the path of a moving bus, with impact occurring near the rear wheel well and rear passenger door area of the bus. Detailed accident investigations, witness preparation, operator statements, and reports were instrumental in positioning the matter as a strong candidate for summary judgment on liability. This aggressive approach convinced the plaintiff to discontinue the matter.

We continue to strive for good results for our clients, which includes early liability assessment, strategic case positioning, aggressive motion practice evaluation, and favorable case resolution without indemnity exposure. By leveraging prompt investigation and fact-based advocacy, John was able to secure a complete dismissal of the claims against the clients, reinforcing our commitment to efficient and effective defense litigation.

#KPI’s #McTiernanlaw #dismissalwithprejudice #noliability

Associate, Shiara Robinson Secures Summary Judgment in Labor Law Case in New York County Supreme Court.

Barry McTiernan & Moore LLC continues to secure strong results in complex New York Labor Law litigation matters through strategic early investigation and focused defense analysis.

In a recent matter involving alleged injuries stemming from a claimed ladder fall at a construction site, Associate, Shiara Robinson utilized the factual record and accident investigation materials to challenge the plaintiff’s claims and our client’s involvement. The firm’s client completed its limited work at the site several weeks before the plaintiffs accident and was not a proper labor law defendant.

Shiara with the help of Partner, Patrick Whitford conducted an immediate factual and liability assessment, pre-discovery, preserving key defenses and developing a litigation strategy centered on causation, site conditions, and the plaintiff’s own documentation. Through proactive motion practice and detailed analysis of the accident reports and surrounding facts, Shiara successfully positioned the matter favorably for our client while working to mitigate potential exposure and legal spend in a high-risk Labor Law case.

BMM remains committed to delivering efficient, detail-oriented defense strategies on behalf of our clients in construction, general liability, and Labor Law matters.

#BMM #LaborLaw #prediscoverymotiongranted #ConstructionLitigation #GeneralLiability #DefenseLitigation #NewYorkLaw #LitigationStrategy #RiskMitigation #CivilDefense #ConstructionDefense #LegalIndustry

Senior Associate, Daniel Voronin Secures Dismissal Of All Claims.

Another strong result for our team! More specifically, Senior Associate, Daniel Voronin, Esq., in a construction-related personal injury matter in Queens County Supreme Court. The Court granted our clients’ motion and dismissed the case in its entirely after the plaintiff failed to comply with discovery obligations and oppose our motion.

At BMM, our team strives to achieve results like these through strategic motion practice and proactive case management. Dan conducted a comprehensive liability assessment, implemented a focused discovery strategy, and worked to mitigate potential exposure for our clients in this high-risk Labor Law matter, ultimately securing dismissal of the case when the motion was granted without opposition.

#constructionlaw #laborlaw #CivilLitigation #RiskManagement #defensecounsel #LegalSuccess #Bmm #MotionPractice #CaseDismissed

Of Counsel, David Wysnewski Successfully Obtains Summary Judgment in Rockland County Supreme Court.

We are proud to share a recent win by Of Counsel, David Wysnewski as his summary judgment was granted in favor of our client in a complex personal injury matter in Rockland County.

This case arose from a car–pedestrian knockdown in which the plaintiff alleged they were struck and injured while attempting to cross a roadway near a shopping plaza. The claims centered on allegations that the Town was responsible for roadway design, pedestrian safety measures, and traffic control at the location of the incident.

Through a thorough analysis of the record and strategic motion practice, our team successfully demonstrated that the Town had no legal duty with respect to the roadway at issue and, critically, that the alleged municipal conduct was not a neighboring cause of the accident. The Court agreed, granting summary judgment and dismissing all claims against the Town in their entirety.

This outcome reflects our firm’s commitment to defending municipalities in complex, high-exposure litigation and achieving results through diligent advocacy and a deep understanding of New York law. Congratulations to David Wysnewski on this excellent result.

#SummaryJudgment #LitigationSuccess #CivilLitigation #LegalVictory #BMMFirm #LawFirmNews

Congratulations to BMM’s 2026 Super Lawyers and Rising Stars!

We’re proud to share that the latest Super Lawyers selections have been announced—recognizing excellence across the legal profession.

Congratulations to our firm’s owners, Suzanne Halbardier and Alex Malino, along with Partner Bill Cooney, on being named Super Lawyers. This distinction reflects not only their legal expertise, but the leadership and standard of excellence they bring to BMM every day.

We also celebrate Senior Associates, Ashley Johnston, Ryan Rayder, and Daniel Voronin, Esq., along with Partner, Edoardo Maffia, on being recognized as Rising Stars—an honor that speaks to their strong performance, precision, and growing impact within the field.

At BMM, recognition like this is a reflection of something bigger: a team committed to delivering thoughtful, strategic defense for our clients—every case, every time.

#SuperLawyers #RisingStars #LegalExcellence #InsuranceDefense #LitigationStrategy #BMMFirmNews

Partner, Patrick Whitford Delivers A Decisive Win In A High-Exposure NY Labor Law Case.

Another win for Partner, Patrick Whitford! Patrick achieved a complete victory in a high-exposure construction accident case, securing dismissal of all claims, including alleged violations of Labor Law §§200, 240(1), and 241(6). ​

Despite claims of severe injury requiring surgical intervention, the court granted full dismissal, rejecting each theory of liability asserted against our client.​
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The win didn’t stop there... Contractual indemnification was also awarded, fully transferring liability away from our client. The end result was elimination of seven-figure exposure through strategic discovery, targeted motion practice, and a disciplined, aggressive defense approach.​
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This outcome reflects BMM’s continued success in navigating complex New York Labor Law matters and delivering meaningful results where it matters most.​
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#BMMFirm #DefenseWins #NYLaborLaw #LitigationSuccess #ConstructionLitigation

Partner, John Wynne and Partner, Courtney Chadwell Secure Dismissal On All Claims In Complex Appellate Division.

Barry McTiernan & Moore LLC successfully prevailed on an appeal, securing the dismissal of all claims in a complex matter involving a passenger who was tragically shot by an assailant from the sidewalk while aboard our client’s bus.​
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Partner, John Wynne secured this win alongside Partner, Courtney Chadwell who appeared before the Appellate Division. The arguments included that the bus operator’s actions constituted a governmental function, thereby shielding it from liability in negligence.​
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The Court agreed, finding that no special duty was owed to the decedent, as there was no affirmative representation made directly to her regarding the provision of additional safety measures, and dismissed all causes of action in their entirety.​
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Barry McTiernan & Moore is proud of its attorneys’ dedication to achieving successful outcomes, particularly in challenging and high-exposure matters, through thoughtful advocacy and strategic litigation.​
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#AppellatePractice #LitigationSuccess #DefenseLitigation #LegalVictory #LawFirmNews

Partner, Patrick Whitford Successfully Obtains Defense Verdict After Lengthy 4-Week Trial In Bronx County Supreme Court.

Partner, Patrick Whitford was recently awarded a defense verdict in a contested NY Labor Law matter following a four-week jury trial in Bronx Supreme Court.

This matter arose from an alleged construction site incident involving multiple parties, including the owner, general contractor, and various subcontractors, including our client, the carpentry and flooring protection subcontractor.

Plaintiff, a union worker, alleged he sustained severe injuries after an A-frame cart loaded with Masonite was moved into his work area and subsequently tipped, resulting in a compound fracture to his left leg. Plaintiff further alleged significant damages, including claims that he was unable to return to work and sought approximately $16 million in economic and non-economic losses.

At trial, the evidence focused on the absence of any direct proof linking our client to the creation of the alleged dangerous condition, as well as the multiple site coordination issues involving the general contractor. The defense established through documentary and testimonial evidence that responsibility for the condition most likely rested with other contractors on site.

Following deliberation, the jury found no negligence and no causal connection between our clients work and plaintiff’s alleged injuries. The jury further found that our client did not control the work site at the time of the incident, resulting in a finding of 0% liability. Liability was apportioned 90% to the general contractor and 10% to the plaintiff.

At BMM, results like this reflect the firm’s commitment to rigorous preparation, careful trial strategy, and consistent advocacy in complex, multi-party construction litigation. This outcome represents a complete defense victory for our client after a lengthy and hard-fought trial.

#DefenseVerdict #TrialVictory #ConstructionLitigation #PremisesLiability #PersonalInjuryDefense #CivilLitigation #TrialLawyers #NewYorkLitigation #BMM

Partner, Edoardo “Eddy” Maffia and Associate, Alexander “Alex” Fagone Secure Summary Judgment Dismissing General Contractor Client in High-stakes Litigation Matter in NY Supreme Court.

We are excited to announce a significant victory for a client of BMM. Associate, Alexander Fagone "Alex" and Partner, Edoardo Maffia "Eddy" successfully obtained a summary judgment dismissal of all claims against the firm’s client. The Court granted the motion following oral arguments presented by Partner, Eddy Maffia.

This case stemmed from an alleged trip-and-fall incident in a mall parking lot. The Plaintiff claimed to have undergone several surgeries, including a two-level spinal fusion and left-ankle arthroscopic surgery, and had made a multimillion-dollar demand. A key factor in the Court’s ruling was the robustness of our arguments demonstrating that the Client’s project was completed by the date of the incident and had received approval from the Premises’ ownership and various third parties.

During oral arguments, Eddy Maffia highlighted to the Court that the multiple expert affidavits presented in opposition to our motion were conclusory and self-serving. The Court concurred and determined that these affidavits did not hinder a finding of summary judgment in favor of the Client as a matter of law.

Congratulations to Alex Fagone and Eddy Maffia for achieving such a decisive outcome. Their proactive management and advocacy exemplify the firm’s commitment to vigorous representation for all of our clients. This strategy was crucial in protecting our client from a potentially high-exposure award.
#mctiernanlaw #forthewin

Executive Partner, Suzanne Halbardier and Associate, Diane Fernandez Secure Complete Defense Win in Federal Court.

Barry McTiernan & Moore LLC is proud to share a significant victory in the United States District Court for the Southern District of New York, where our team secured summary judgment in favor of our client.​

Led by Executive Partner Suzanne Halbardier, with the assistance of Associate, Diane Fernandez, the firm successfully demonstrated that our client which operated a shuttle bus service could not be liable for the actions of its employee. The employee driver was alleged to have sexually assaulted the plaintiff who was riding the bus. The firm developed its arguments that it did not know of any proclivity on the part of the employee and also established that it had procedures and training in place to prevent inappropriate conduct by its employees. While the Court acknowledged the gravity of the underlying incident, it ultimately held that plaintiff could not succeed as the conduct was not in furtherance of the employer’s business and that there was no negligence in the hiring, supervision, and retention of the employee.

This result reflects the team’s thoughtful and strategic approach to complex liability issues, as well as their ability to navigate sensitive matters with precision and professionalism.​

We congratulate Suzanne and Diane on this important outcome and their continued dedication to delivering strong results for our clients.

#Mctiernanlaw #Litigation #CVA #TrialLawyer #LitigationWins

#LegalStrategy

Partner, Courtney Chadwell Successfully Resolves Auto Claim At Trial.

Partner, Courtney Chadwell recently resolved an auto claim at trial. The plaintiff claimed that our insured driver left his vehicle in either drive or neutral when exiting, which led to the driverless car colliding with the plaintiff’s vehicle. The plaintiff initiated legal action against both the driver for negligence and the insurance provider for acting in bad faith by refusing to settle prior to litigation. The plaintiff contended that the incident worsened his existing mental health conditions.

This case highlighted the significance of vigorous pretrial motion practice. Before the trial commenced, Courtney submitted ten motions in limine, eight of which were granted, significantly undermining the plaintiff’s case. Consequently, the claims against the insurance carrier were dismissed, along with the plaintiff’s claim for lost wages. Furthermore, Courtney successfully excluded the plaintiff’s treating therapist and psychiatrist from testifying, leaving the plaintiff without expert witnesses.

The central argument of the defense was that the plaintiff did not experience a serious injury as defined by the Insurance Law. To substantiate this claim, Courtney obtained damaging testimony from the plaintiff himself, indicating that he did not incur a serious injury, a statement supported by the defense expert. The plaintiff’s pretrial demand encompassed the entire personal injury and property damage policies; however, the case ultimately settled for the costs of the trial after the first day, which included testimonies from the plaintiff, our insured, and our damages expert.

Aggressive motion practice and keeping plaintiffs to their proofs highlights our aggressive trial team at BMM. Experience and strategy matter when defining wins!!

#Mctiernanlaw #TrialSuccess #Litigation #InsuranceDefense #TrialLawyer #LitigationWins #LegalStrategy

Senior Associate, Daniel Voronin secures dismissal of fraud-tinged labor law case in Kings County.

Senior Associate, Daniel Voronin, Esq. successfully obtained a dismissal with prejudice in a labor law case involving allegations of fraud at the King County Supreme Court. The plaintiff claimed to have sustained injuries from an unwitnessed fall while working on a construction site. Shortly after the firms's client was introduced to the case as the employer, the plaintiff's legal team filed an Order to Show Cause to withdraw from the case, stating that their client had ceased all communication with them. Despite strong opposition, the Court granted the Order to Show Cause, resulting in a two-month stay to allow the plaintiff time to secure new legal representation.

Rather than permit the case to remain unresolved indefinitely, Mr. Voronin took action on the day the stay concluded by serving a 90-Day Notice to the plaintiff at his last known address, instructing him to either continue with the prosecution or file a Note of Issue. When the 90-day period lapsed without any action from the plaintiff to resume his case, Mr. Voronin promptly filed a motion to dismiss the case due to lack of prosecution and/or willful noncompliance with discovery orders.

The Honorable Justice Brian L. Gotlieb concurred with this position that the plaintiff had entirely abandoned his case and showed no intention of continuing, leading to the Court's dismissal of the case with prejudice.

Mr. Voronin's diligent and timely handling of this case reflects Barry McTiernan & Moore LLC's commitment to aggressively managing litigation, especially under suspicious circumstances. Instead of allowing the case to remain inactive and giving the plaintiff (or a new attorney) a chance to prolong and effectuate potential fraud, Mr. Voronin acted swiftly to seek dismissal as soon as the Court permitted.

#rico #Fraud #nylaborlaw #lifecycles

Senior Associate, Ryan Rayder Receives Patti Sullivan Mentorship Award.

At our holiday celebration, we were proud to introduce the Patti Sullivan Mentorship Award, established in memory of a colleague whose generosity, leadership, and commitment to developing others continue to shape our firm.

It was especially meaningful to welcome the Sullivan family as they presented the inaugural award in Patti’s honor.

We are honored to recognize Ryan Rayder as the first recipient. Ryan exemplifies the mentorship-first mindset Patti championed, strengthening our culture through guidance and example.

Patti’s legacy lives on — through this award, through those she inspired, and through the permanent reminder in our office, where her photo and commemorative plaque serve as a daily reflection of the standard she set.
Congratulations, Ryan!

#Mentorship #Leadership #FirmCulture #BMM #Lawfirm

Associate, Tom Daly awarded Summary Judgment in Labor Law action.

Associate Thomas Daly recently achieved a significant victory by being awarded summary judgment on motion that led to the complete dismissal of a plaintiff’s Labor Law action. The plaintiff had filed a lawsuit in Kings County Supreme Court, asserting that he sustained personal injuries while employed by a BMM client, which had been subcontracted to carry out excavation and foundation work at a construction site in Brooklyn, NY. The plaintiff claimed he was partially buried due to the collapse of an excavation trench and was unable to return to work for over six years. Subsequently, four third-party actions were initiated, each seeking recovery based on contractual and common law indemnity principles.

Motions were submitted in this case, contending that the labor law was not applicable given the circumstances of the matter. The court concurred with the arguments presented, determining that Labor Law 240 was not relevant as the incident was a result of an unforeseen, latent condition rather than one that an industry-related device could have prevented, despite the opinions of the plaintiff’s experts. Similarly, the claims under Labor Law 241(6) were dismissed due to the argument that the industrial codes cited by the plaintiff were not applicable. The court observed that sections 23-4.2(f) and 23-1.7(a) pertain to materials that ‘fall normally,’ and since this collapse was deemed unforeseeable, those sections were not applicable. Ultimately, the court also dismissed the plaintiff’s section 200 claims against our client, citing the absence of notice regarding any hazardous condition. The court’s ruling included a remark that “what transpired was realistically not foreseeable, and these moving Defendants owed no duty of care.”

The plaintiff had claimed serious injuries that posed a significant risk of high verdict exposure for BMM’s clients. However, numerous inconsistencies were present in the plaintiff’s recovery theory. This favorable outcome highlights the importance of implementing an effective discovery strategy with a focus on dispositive motion practice. Effective and assertive advocacy is essential in such cases and one of the KPI’s focused on at BMM.

#forthewin #bmm #sjgranted #nylaborlaw

Associate, Daniel Voronin Promoted to Senior Associate.

BMM continues to share exciting news that Daniel Voronin has been promoted to Senior Associate! Dan consistently exhibits strong technical abilities and a collaborative mindset, making him a valued member of BMM and well deserving of the Senior Associate position.

#TEAMBMM  #employeeimpact #advancingcareers #bestfirm

Senior Associate Edoardo “Eddy” Maffia Promoted to Partner.

BMM is celebrating growth and leadership! Edoardo "Eddy" Maffia has been elevated to the position of Partner. Eddy’s unwavering commitment to his colleagues and clients, along with his significant contributions to the firm’s growth, has been remarkable and we are excited to watch him continue to grow.  

#TEAMBMM  #employeeimpact  #advancingcareers  #bestfirm

Partner, Bill Joyce and Associate, Dan Sullivan obtain summary judgment dismissing all claims.

We are proud to share a win for BMM!  Partner, Bill Joyce and Associate, Dan Sullivan secured summary judgment  in Queens County Supreme Court.  The motion was granted by the Court after oral argument by Associate, Dan Sullivan, resulting in a complete dismissal of all claims. 

This case arose from an alleged trip-and-fall accident involving a floor outlet where  plaintiff claimed injury.  Critical to the Court’s decision was the strength of the defense arguments including a clear and compelling affidavit from our client and a site map that  established that the client did not perform work at the claimed accident location.  The motion was filed prior to discovery being complete when if was clear that the client had no liability.

At the oral argument Dan Sullivan directed the Court's attention to the client's affidavit and the site map to ensure the Court understood the client's lack of liability in this case.

Excellent work done by Partner, Bill Joyce and Associate, Dan Sullivan start to finish  in achieving this strong result! At BMM, lifecycle is an important metric we use to measure success.  Getting out of cases timely and efficiently is something we always strive for when the facts present themselves.

#SummaryJudgment #LitigationSuccess #BMMFirm #OralArgument #DefenseLitigation

Associate, Diane Fernandez Achieves Dismissal Following Pre-Discovery Motion to Dismiss.

Associate Diane Fernandez successfully obtained a complete dismissal with prejudice in a case concerning a plaintiff who was employed at a substation construction site and suffered serious injuries after falling into a manhole access at the site. By utilizing the protections of Workers’ Compensation Law §11 as the exclusive remedy against the plaintiff's employer, Diane adeptly collaborated with the client and filed for dismissal after the third-party defendant declined to dismiss the claim.

Upon the submission of the motion, the third-party plaintiff was informed about the protections offered by the Law and consented to a dismissal with prejudice. This prompt and assertive action removed the claim from the client's loss runs in under 30 days, resulting in substantial savings and reduced stress for our client.

This result highlights the effectiveness of strategic early motion practice and the benefits of extensive statutory knowledge. Congratulations to Diane for achieving a swift, cost-efficient, and definitive victory.

#BMMWINS  #bmmfirm #ForTheWin #MotionToDismiss

Counsel Frank Dumont Successfully Awarded Defense Verdict After Trial in Kings County, NY.

BMM Attorney Frank Dumont successfully secured a defense verdict following a trial in Kings County, NY. This case involved the representation of a public bus entity, where the plaintiff alleged to have suffered severe personal injuries, claiming that the bus operated by our client stopped abruptly. The plaintiff's demand prior to the trial was $6.5 million.

Fortunately for our client, there was video evidence of the incident, which depicted the plaintiff seated incorrectly in her chair. The footage also captured numerous other passengers, none of whom appeared to react when the driver made the stop. Despite the plaintiff's assertions that the Vehicle and Traffic Law mandates operators to stop in a specific manner, Attorney Dumont effectively argued to the jury that these claims were mere distractions and urged them to concentrate on the video evidence and their own observations. The jury concurred and delivered a unanimous defense verdict.

This victory exemplifies even cases tried in a notably liberal jurisdictions can still be effectively defended when the right attorneys are managing the cases. BMM takes pride in litigating numerous matters where liability and damages are heavily contested. Just because a plaintiff has sustained significant damages does not necessitate that a client must settle the case. We are committed to passionately trying these cases to achieve the best possible outcome for our clients!

#ForTheWin  #BMMFirm

Senior Associate Edoardo “Eddy” Maffia Obtains Pre-Answer Discontinuance on behalf of BMM Client in Labor Law Case.

Senior Associate 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. This matter was resolved within just 7 days of assignment.

Eddy was able to establish to the Plaintiff’s counsel that our client had neither retained the Plaintiff’s employer nor had performed work on the floor where the alleged accident occurred. This cost-efficient result would not have been possible without early intervention, aggressive file handling and close collaboration with the client, which are hallmarks of the Firm. In fact, Eddy displayed excellent synergy with the client in coordinating and obtaining the necessary documentation, from which he 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 all causes of action asserted against our client. This early dismissal was a decisive 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 and client-focused efforts resulted in an early resolution that reduced unnecessary legal costs for our client.

#LaborLaw #ForTheWin  #BMMFirm