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

Associate Diane Fernandez Secures Complete Dismissal.

Associate Diane Fernandez successfully overcame a plaintiffs' motion to submit a late notice of claim against the firm's client, a Public Authority in New York City, leading to a complete dismissal of the case.

This matter involved an alleged trip and fall incident on a mis-leveled, broken sidewalk next to a bus depot, where the plaintiff claimed to have sustained very serious personal injuries. Initially, the plaintiff informed her legal counsel that the accident took place in front of a different location. Consequently, they appropriately filed a Notice of Claim for that site. Subsequently, the plaintiff notified her counsel that the actual location of the accident was around the corner from the originally claimed site of loss. The plaintiff then filed an order to show cause, requesting permission to submit a late notice of claim for the new location.

Attorney Fernandez firmly opposed this application, referencing Municipal Law section 50-e, which stipulates that a party must file a Notice of Claim within 90 days and initiate an action within 1 year and 90 days. While courts possess broad discretion to extend the 90-day deadline under exceptional circumstances, Attorney Fernandez contended that the statute of limitations had long since expired, and therefore, the motion should be entirely denied. The court concurred with her reasoning, resulting in the dismissal of the plaintiff's petition to file a late notice of claim.

Aggressive management of cases on behalf of Municipalities exemplifies the firm's dedication to resolving cases promptly. Attorney Hernandez recognized that the law favored the client and vigorously contested the application, potentially saving the firm's client a six-figure indemnity payment. This proactive defense strategy was instrumental in safeguarding our client from unnecessary litigation and mitigating any potential exposure. Such an approach underscores our commitment to early, strategic actions that yield concrete results for our clients.

#BMMWINS  #bmmfirm #ForTheWin

Senior Associate Ryan Rayder successfully obtains a voluntary discontinuance from all parties.

Senior Associate Ryan Rayder was recently successful in obtaining a voluntary discontinuance from all parties in an action where the plaintiff claimed she was injured when a piece of a building façade fell and struck her.

Through diligent and direct communication with our client—a construction contracting company performing renovation work at a nearby New York City subway station—Mr. Rayder was able to establish that none of our client’s work was related to the façade or the building from which it fell.

After conducting thorough discovery, including the exchange of relevant construction documents and the deposition of our client, Mr. Rayder engaged in focused discussions with all parties. These efforts led to a favorable resolution early in the litigation life-cycle, with all parties agreeing to voluntarily discontinue the action without the need for Court intervention.

This outcome not only avoided prolonged litigation but also reflected a strategic emphasis on early resolution and minimizing case life-cycle duration which are two key performance indicators we prioritize in client representation.

At Barry, McTiernan & Moore, our attorneys strive to deliver the best possible outcome for our clients in a manner that is both efficient and expeditious. Mr. Rayder’s attention to detail and resolution-driven approach in this matter is a prime example of that commitment.

#LegalVictory #BMM #Discontinued #BMMWin

Associate Daniel Sullivan Secures Early Dismissal With An Aggressive Approach.

Associate Daniel Sullivan successfully obtained a dismissal of all claims against the firm's client, a non-profit organization based in Queens. The complaint asserted that an infant and her mother sustained injuries while in a restroom at our client's gymnasium.

Following several attempts to advance the case after the plaintiff's counsel passed away, a motion to dismiss was filed due to non-compliance with discovery requirements. Since there was no response from the plaintiff herself, who was served personally, nor from anyone at her previous counsel's firm, the court dismissed the lawsuit in its entirety.

Mr. Sullivan's proactive strategy to resolve the case promptly and prevent it from lingering underscores the firm's focus on case lifecycle as a key performance indicator. We consistently roundtable our cases to ensure that none remain unresolved longer than necessary. This is an excellent victory for our client!

#ForTheWin #BMM #BMMSuccess #Dismissal

Attorneys Alex Malino and Daniel Voronin Secure Huge Win On Black Ice Case.

Managing Partner Alex Malino and Associate Dan Voronin obtained summary judgment in the Supreme Court, New York County. The case pertained to an alleged slip and fall incident on ice within our client's parking garage during the winter season.

The plaintiff reportedly suffered significant injuries, which included three surgical procedures: an anterior cervical diskectomy and fusion, a knee arthroscopy to repair the ACL, chondral fractures, tendon tears, and a shoulder arthroscopy to address the rotator cuff. Additionally, the plaintiff allegedly developed Bell's Palsy following her neck surgery. A demand of $25 million was made by the plaintiff.

Attorneys Malino and Voronin submitted a motion for summary judgment seeking to dismiss all claims made by the plaintiff against the owners and operators of the parking garage in question. The motion highlighted a 15-inch snowstorm that occurred two days prior, along with signage placed throughout the facility that warned, "Caution, snow and moisture may be tracked in by vehicles and/or pedestrians; please use caution as you walk about our facility."

The arguments established that our clients neither caused nor had actual or constructive notice of the black ice condition on which the plaintiff allegedly slipped. Despite the testimony from the plaintiff's experts in 'retail liability', the court determined that plaintiff did not establish when the ice condition was formed. The court referenced the precedent set by the First Department, which states that defendants cannot be held responsible to continuously inspect a garage that operates 24 hours a day, seven days a week. Consequently, the court dismissed the plaintiff's claims in their entirety.

This victory, even when confronted with substantial damage claims, underscores the firm's commitment to formulating a long-term strategy as early as possible in a case. We successfully identified the strengths of the case and developed the facts through the discovery process, resulting in a significant victory for our clients despite the risk of an 8-figure loss. Early case strategy is a key performance indicator that the firm consistently prioritizes to secure victories for all our clients.  Congratulations on the win!

#ForTheWin #BMM #BMMSuccess #SummaryJudgment #LawFirmWins #ClientFirst

Associate Ishra Razzaq Obtains Summary Judgment On All Claims.

Associate Ishra Razzaq was awarded pre-discovery Summary Judgment, resulting in a favorable outcome for our client. The plaintiff alleged that she slipped and fell due to a defect in the sidewalk where our client was purportedly conducting construction work.

Once we took on the case, Attorney Razzaq performed a comprehensive search of the client and City records. The findings indicated that the only work carried out by our client was completed two years before the plaintiff's alleged accident and was not directly at the site of the claimed defect.  Therefore, we contended that our client's work was entirely unrelated and not a proximate cause of the plaintiff's injury. The court concurred and dismissed the claim against our client.

At BMM, we take pride in our proactive and assertive advocacy. This case resulted in significant savings for our clients in legal fees, as we were able to file for dismissal prior to depositions and during the early stages of discovery. This assertive strategy underscores our commitment to life-cycle as a key performance indicator.  Our metric-based approach to litigation continues to benefit all clients we have the pleasure to represent.

#Success #MotionForSummaryJudgment #BMM #ForTheWin

Senior Associate, Ryan Rayder secures dismissal in a labor law action.

Senior Associate, Ryan Rayder secures a dismissal in a labor law action. Through sharp legal strategy, our client was granted a dismissal due to the plaintiff not appearing for his Independent Medical Examination following multiple attempts to coordinate said IME and motion practice which ultimately led to plaintiff’s claims being dismissed against our client.

#LegalVictory #BMM #CaseDismissed #MotionToDismiss

Senior Associate Edoardo “Eddy” Maffia Obtains Summary Judgment and Dismissal in Labor Law Action.

Senior Associate Edoardo "Eddy" Maffia successfully obtained summary judgment and the dismissal of all claims against the firm’s client in a Labor Law case in New York Supreme Court. The litigation in question involved a claim where the Plaintiff, an employee of our client, asserted that he sustained injuries after coming into contact with a curtain wall brace that was positioned outside the client’s shanty at a construction site. The Plaintiff alleged to have suffered significant injuries, necessitating multiple surgeries due to the alleged incident.

Mr. Maffia filed a motion for summary judgment to dismiss the third-party action against the client employer, contending that they were not only free from negligence but also that no circumstances existed that would trigger the indemnification contemplated in a contract with the co-defendant. Following a highly intricate oral argument, the Court fully concurred with Mr. Maffia’s stance and issued an Order dismissing all claims and cross-claims against the client, thereby averting a potential multi-million dollar verdict or settlement.

Interpreting and understanding the language and judicial interpretations of indemnity clauses in Labor Law claims at the outset of litigation positioned our client for success. The triggers for indemnity frequently differ in the contractual language used by the parties involved in a lawsuit, and BMM takes pride in developing a defense strategy early on to cultivate successes like this case.  The firm employs early case analysis as a key performance indicator (KPI) to assist our clients in attaining outstanding results.

#LaborLaw #ForTheWin  #BMMFirm

Congratulations to Our 2026 Best Lawyers Ones to Watch!

Barry McTiernan & Moore LLC is pleased to announce that Daniel Voronin, Ryan D. Rayder and Edoardo Maffia have been announced as “Ones to Watch” by Best Lawyers ® for 2026! Each year, no more than 5.3% of lawyers in the country are selected for this honor. At Barry McTiernan & Moore LLC, we are proud of our talented team and their continued successes.

#firmnews #bmmfirm #2026bestlawyers #bestfirm

Three Attorneys, One Decision: Here’s What Was Decided.

Associate Daniel Voronin, Of Counsel Laurel Wedinger, and Partner Courtney Chadwell obtained an excellent decision from the Second Department, reversing the Kings County Supreme Court’s grant of Labor Law 240(1) in a “falling object” case. The plaintiff, employed by our client, was tasked with two of his co-workers to disassemble a fence made of plywood sheets at a worksite. According to plaintiff, the co-worker who was removing nails from the other side of the fence did not let plaintiff and his other co-worker know that one of the plywood sheets was coming down. This resulted in the sheet striking plaintiff in the head and allegedly causing injuries.”  The lower court granted summary judgment to plaintiff, but this was reversed by the appellate court, concluding there was an issue of fact to be tried by the jury.

#bmmfirm #forthewin #bmm #teamwork

CEO Suzanne Halbardier Obtains Dismissal on Behalf of BMM Client in Asbestos Case.

After a contentious discovery dispute, the firm was successful in obtaining a dismissal on behalf of a client.  The client never used asbestos as a component part in their product, but had no records from the 1970’s and 1980’s still in existence.  As New York asbestos litigation requires a defendant to establish its entitlement to summary judgment, CEO Suzanne Halbardier worked with associates Alex Fagone and Kayla Griffin to locate records from 40 years ago from numerous sources and developed a strong motion for summary judgment.  Although our client was ordered to answer discovery and provide a further affidavit, ultimately plaintiff’s counsel conceded that our client had not included asbestos as a component part.  Counsel agreed to a dismissal.  It was through the hard work of the BMM team to locate and develop the arguments in order to secure the great result.

#BMMWINS  #bmmfirm

Partner John V. Wynne Secures Voluntary Dismissal With Prejudice.

Partner John V Wynne secured a voluntary dismissal with prejudice from all parties prior to conducting discovery and without engaging in motion practice. This was done on behalf of BMM's transit client in an action where it was alleged that the client negligently operated a bus causing serious personal injuries to plaintiff.

#BMMWINS  #bmmfirm

Associate Diane Fernandez Secures Early Dismissal.

On June 12, 2025, Diane Fernandez appeared in court at a standard status conference in front of the judge. Plaintiff’s counsel failed to appear. The judge granted an adjournment, requesting that the plaintiff’s counsel appear at the next conference. Ultimately, the plaintiff’s counsel did not appear, which then activated Diane to request a dismissal on default which was granted by the judge.

#BMMWINS  #bmmfirm