Partner David Schultz Obtained Two Successful Decisions

Partner, David Schultz obtained two successful decisions on behalf of clients of the firm.  In the first case, the Appellate Division, Second Department reversed the lower court’s decision against the firm’s client.  David successfully argued that the trial judge committed reversible error in awarding summary judgment to a plaintiff on his Labor Law § 240(1) cause of action. The accident occurred at a Brooklyn-based school, owned and operated by our client. Over the course of the school’s seasonal break, the maintenance staff engaged in a project that included the painting of classrooms on the second floor. The plaintiff, a member of the school’s maintenance staff, was asked to come to the first floor and remove garbage bags from a raised shelf. In order the access the shelf, plaintiff leaned an unopened A-frame ladder against the wall. His accident occurred when the ladder slid out from underneath him.  The plaintiff testified that the shelf was going to be painted after he removed the bags. In contrast, his boss and two co-workers testified that no painting was going to take place on the first floor. In the appellate court, David was able to demonstrate that the lower court’s decision that the Labor Law applied because there was painting going on upstairs was in error.  Thus, the appellate court agreed that plaintiff’s motion should have been denied as there was an issue of fact as to whether he was simply engaged in routine maintenance that fell outside of the Labor Law.

In the second case pending in New York County, David obtained summary judgment based upon a primary assumption of the risk doctrine on behalf our client, the owner and operator of recreational sports league. The plaintiff, an experienced basketball player participating in our client’s recreational basketball league, struck his head on a concrete wall behind the backboard after being fouled in the midst of a game.   In addition to establishing that the primary assumption of the risk doctrine applied and that the distance between the concrete wall and the baseline of the court was an open and obvious condition, we demonstrated that the opinion of plaintiff’s expert concerning the alleged failure of the gym to comply with applicable standards was insufficient to raise an issue of fact. The Supreme Court agreed with our argument that our client was not liable as the plaintiff assumed the risk of his injuries through his voluntary participation in an athletic event whose risks were readily apparent.

Barry McTiernan & Moore Joins The Ranks of Women-Led Law Firms

Barry McTiernan & Moore, a leading insurance-defense litigation firm in the Tri-State area, is pleased to announce the role expansion of Suzanne Halbardier, who will now be the firm’s executive partner and majority stakeholder. The leadership continuity will bring even greater focus towards delivering outstanding service to our clients and protecting their interests.  

A well-known and accomplished litigator, Ms. Halbardier joined the firm in 1983 and became one of its owners in 2006. On January 1, 2021, Ms. Halbardier assumed the role of executive majority partner, transforming Barry McTiernan & Moore into a woman-owned business. The firm is excited to join the network of other women-owned businesses and looks forward to continuing its efforts to foster more opportunities and increased inclusion in the legal profession. 

For more than three decades, women have comprised more than 40 % of the law school population. However, as reported by the ABA Journal, women make up only 24 % of the lawyers achieving partnership and hold just 12 % of the top law firm leadership positions. While the presence of female attorneys in the legal profession has grown, women-owned law firms continue to be rarities. Despite equal numbers of women entering the practice of law, female attorneys still lag in equity partnerships and leadership positions.   

Ms.  Halbardier, a proud graduate of the University of Maryland (cum laude) and Georgetown University Law Center (JD), oversees the firm’s toxic tort unit and also specializes in high exposure discrimination, liability and molestation claims. She has tried many cases to verdict in New York state and federal court and her trial skills are continually recognized by the New York Times, who has named Ms. Halbardier one of their New York Super Lawyers as well as one of New York’s Top Women Lawyers for the past several years. 

Alex Malino Named Managing Partner at Barry McTiernan and Moore

Barry McTiernan & Moore, a leading insurance litigation firm in the Tri-State area is pleased to announce that Alex Malino has been named the firm’s new managing partner. This new role took effect on January 1, 2021.

Malino has practiced law since 2001 and spent his career at Barry McTiernan and Moore, serving in various leadership roles, building client engagement and growing the firm’s roster of business.

With his long-term dedication to the firm, Malino had a goal to move the firm in the direction of a metric based approach to litigation and has spent the last year defining a strategic vision to best serve the organization’s future in new ways. The adoption of the plan will put BMM on a path to effectively mentor young talent, better serve clients and increase efficiencies and overall profitability.

After having the privilege in working with and learning from Suzanne Halbardier throughout his career, Malino and Halbardier will now be the key leaders in the company. “I’m thrilled to partner with Alex as we move forward in 2021.  With such a great firm history we are excited to build off that strong foundation and execute our goals to help grow the firm in the years to come,” said Halbardier.

Malino is a skilled litigator in all areas of personal injury litigation, product liability, construction defect, and toxic tort litigation. He has developed his practice with a focus on defending New York State Labor Law claims, including complex indemnity and insurance issues often associated with these cases.  He is graduate of  William Paterson University and New York Law School.  He is also a Certified Litigation Management Professional after completing the Litigation Management Institute hosted at Loyola University Chicago School of Law.

He regularly advises and speaks to personal corporate clients on various topics, such as New York Labor Law, federal preemption, indemnity and insurance coverage issues. He has also spoken at various conferences including being selected to speak at the upcoming Annual National Conference of the Claims & Litigation Management Alliance being held in Atlanta, Georgia.

As managing partner, Malino will continue to serve and oversee the day-to-day management across the Barry McTiernan and Moore collective.