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.

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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.

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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.

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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.

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