With the expected legalization of marijuana in New York, McCarthy Fingar’s corporate and litigation lawyers are gearing up to represent clients as to the legal issues presented by such legalization. One of our lawyers, James K. Landau, a member of our Business Litigation and Appellate Practice groups, co-authored an article in in the February, 2019 issue of Westchester Lawyer, published by the Westchester County Bar Association, entitled, “The Expected Legalization of Cannabis for Adult Use in New York Will Bring New Challenges for Attorneys.”
James K. Landau, a member of our Business Litigation and Appellate Practice groups, lectured in Mt. Kisco, New York on CPLR Article 52 Enforcement Devices as part of an all-day program entitled “Debt Collections and the Enforcement of Money Judgments” for a program sponsored by the Business Law Section of the New York State Bar Association.
James K. Landau, a member of our Business Litigation and Appellate Practice groups, was part of a panel discussion in Manhattan on a program entitlted "Ethics for Attorneys in Social Media" sponsored by the Practicing Law Institute.
We are please to announce that Irma K. Nimetz has joined the firm as an associate attorney and is a member of our Appellate Practice, Business Litigation, Municipal Law & Land Use and Surrogate’s Court Litigation groups. Prior to joining McCarthy Fingar, Irma was an attorney with the New York State Attorney General’s Office, where she received the Louis J. Lefkowitz Memorial Award for outstanding performance by an Assistant Attorney General. Irma has experience handling governmental investigations against individuals, businesses and not-for-profit organizations, as well as defending actions and Article 78 proceedings brought against the State of New York and its agencies.
We are pleased to announce that, effective July 4, 2017, James K. Landau has joined the firm as a partner and is a member of our Business Litigation and Appellate Practice groups. Jim has spent the bulk of his experience at Proskauer Rose LLP and Brown Raysman Millstein Felder & Steiner LLP. Jim has represented companies of all sizes and individuals in federal, state and local courts and tribunals, including arbitrations before the American Arbitration Association and mediations. Jim’s practice focuses on a broad range of matters, including commercial real estate litigation, commercial landlord-tenant litigation, commercial collection work, commercial arbitrations, insurance coverage litigation, bankruptcy litigation, employment disputes, partnership dissolution proceedings, and mortgage foreclosure actions. Jim also frequently counsels employers and employees in connection with the enforceability of restrictive covenants in employment agreements.
We are pleased to announce that, effective March 1, 2015, Douglas S. Trokie has joined the firm as a partner and is a member of our Business Litigation, Commercial Finance, Corporate & General Business and Real Estate Transactions groups. Prior to joining the firm, Doug was a founding partner of Trokie Landau LLP, and has been representing individuals and companies of all sizes for over 30 years in a broad range of commercial, corporate, real estate and litigation matters, both in the New York area and worldwide.
Joel Martin Aurnou, a member of our Appellate Practice group, moderated a CLE program on March 6, 2014, entitled, "Appeals 2014: A Primer on Practice and Ethics" for the Appellate Practice section of the Westchester County Bar Association and lectured on ethics issues at the program.
Six of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has again been selected in the fields of Appellate/Family Law. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.
Robert M. Redis, a member of our Appellate Practice, Business Litigation and Surrogate’s Court Litigation groups, continues his efforts for the American Bar Association's Section on Litigation, where he an editor of the newsletter, Technology for the Litigator. The most recent issue contains an article by Bob entitled, “Federal and State Guidelines Align on E-Discovery". Bob’s article describes how the Federal and State rules on preservation of Electronically Stored Information (“EIS”) are becoming aligned. Bob’s article also discusses when the duty to preserve EIS arises, how that duty is implemented and the consequences for spoliation of EIS evidence.
Joseph J. Brophy, who chairs our Medical Malpractice & Personal Injury and Legal Malpractice groups, was part of a panel discussion on Ethical Issues for Lawyers on November 27, 2012 in Central Valley, NY for a CLE program sponsored by the Orange County Bar Association. The panel also included Supreme Court Justice Lewis J. Lubell. Click at Outline for Joe's written presentation.
Joel Martin Aurnou, a member of our Appellate Practice group, lectured on November 27, 2012 on "How to Avoid the Pitfalls & Achieve Perfection in Your Appellate Practice" for the Appellate Practice section of the Westchester County Bar Association.
Robert M. Redis, a member of our Appellate Practice, Business Litigation and Surrogate’s Court Litigation groups, is a contributor to the Commercial Division Law Report. The Commercial Law Report, which is a publication of the Commercial Division, is a summary of the leading decisions issued by the Justices of the Commercial Division of the Supreme Court of the State of New York. Click at report to see the July Report of the Commercial Division.
Joseph J. Brophy, who chairs our Medical Malpractice & Personal Injury and Legal Malpractice groups, is a proud contributor of Avvo, a web site that permits members of the internet community to have a source of legal advice. Avvo has awarded Joe a rating of "Superb"' and a "10".
Kathleen Donelli lectured on "Avoiding Ethical Dilemmas in Day-to-Day Practice" at the Marriott Hotel in Tarrytown, New York on November 30, 2011 for the Committee on Attorney Professionalism of the New York State Bar Association.
Joseph J. Brophy, who leads the firm's Legal Malpractice and Medical Malpractice & Personal Injury groups, moderated and lectured at a program for the New York State Trial Lawyers Association on November 29, 2011 in New Windsor, New York entitled, "Ethics & Honesty - Current Cases & Trends". The program offered a review and lively discussion of recent decisions in the field of legal ethics with the Hon. Lewis J. Lubell (Justice of the Supreme Court, Ninth Judicial District). Subjects included escrow accounts, conflicts of interest, partner liability and the ethical pitfalls arising from the use of litigation finance companies by both attorneys and clients. Click at Seminar Outine to see Joe's written presentation.
Robert M. Redis, a member of our Appellate Practice, Business Litigation and Surrogate’s Court Litigation groups, received an award from the American Bar Association's Section on Litigation for "Best E-Newsletter" for his editorial work on the periodic newsletter, Technology for the Litigator.
In finishing her one year term as President of the Westchester Women's Bar Association, Dolores Gebhardt spoke at the annual dinner on June 15, 2011 about WWBA's accomplishments during her term. She also had this to say about her original goal to increase the number of men in WWBA: "One of the goals of my presidency was to increase the involvement of men in the WWBA. Despite the difficult economic climate, our membership was similar to last year’s. In fact, as of this writing, we had over 600 members, and kept our ten delegates to WBASNY. Better yet, nearly 70 members are men . . . more than last year!"
Joseph J. Brophy, who leads the firm's Legal Malpractice and Medical Malpractice & Personal Injury groups, was asked by the National Board of Trial Advocacy (NBTA), a division of the National Board of Legal Specialty Certification (NBLSC), to participate in the examination process for applicants to the Board. Joe wrote an complex essay question in civil litigation and graded the answers of over twenty applicants. This is the third time that NBTA has asked Joe to write a question for their examination. Joe was first certified as a Civil Trial Advocate by NBTA in 1995 and was just recertified for the third time. The NBTA directory lists only 37 Certified Civil Trial Advocates in the entire State of New York.
Phillip C. Landrigan has been elected to the Board of Directors of Legal Services of the Hudson Valley.
Joel Martin Aurnou has been elected Co-Chair of the Appellate Practice section of the Westchester County Bar Association.
Robert M. Redis was asked by the National Appellate Advocacy Competition committee of the American Bar Association to grade briefs for its Law Student Division for the 2011 Appellate Advocacy Competition.
Robert M. Redis edited an article, "Culling Data for Your Case", on electronic discovery for the American Bar Association's Section on Litigation. The article focuses on methods of effectively culling electronic discovery requests in order to minimize expense to clients facing electronic discovery issues in litigation.
In Next Millenium Realty LLC, et al. v. Adchem Corp. et al., 2:03-cv-05985 (E.D.N.Y. 2010) (SJF)(MLO), Federal Magistrate Judge Orehnstein has recommended that a $44 million CERCLA cost recovery action against one of the firm’s clients should be dismissed on statute of limitations grounds.
Phillip C. Landrigan and co-defendants argued that construction of a Charcoal Treatment System and an Air Stripping Tower designed to strip volatile organic compounds from a nearby drinking supply well were part of the long term “remediation” plan for the site rather than emergency or short term “removal” efforts. The Magistrate Judge agreed, and found the distinction critical to the Court’s conclusion that the State’s claim accrued when construction of these systems began and that the statute of limitations had expired before the state brought suit.
Robert M. Redis was appointed by Judge Lippmann (Chief Judge, Court of Appeals) and Judge Pfau (Chief Administrative Judge) to a newly formed state-wide task force (see http://www.courts.state.ny.us/courts/comdiv/PDFs/E-DiscoveryReport.pdf) to develop uniform rules for managing electronic discovery - “E-Discovery” - for all New York trial courts. The Task Force will develop recommended rules for handling such issues as: preservation of electronically stored documents, cost allocations between the parties for managing electronic discovery, spoliation, culling of electronic searches and related issues.
For the third straight year, Joe Brophy was selected as a Super Lawyer in the New York Metropolitan area in the field of Personal Injury/Medical Malpractice. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement. Super Lawyers has a rigorous selection process; only five percent of all lawyers in each state are eligible for consideration, and far fewer are selected. Joe has also been selected as one of Westchester's top 25 lawyers.
Robert M. Redis is an attorney editor of the Ninth Edition of Black’s Law Dictionary (West 2009). Black’s is recognized as the most authoritative dictionary of legal words and phrases and is often cited by the courts in written decisions.
Robert M. Redis heads the the Ninth Judicial District's pro bono Unemployment Insurance Litigation initiative for the Access to Justice Program, established by the Appellate Division, Second Department. The firm was honored for these activities during Pro Bono week in 2009
Joel Martin Aurnou was the guest speaker at the annual banquet of the White Plains Bar Association on May 13, 2009 in White Plains, New York.
Peter D. Aufrichtig has joined the firm as a partner and is a member of our Business Litigation, Corporate & General Business, Real Estate Transactions, Intellectual Property and Commercial Finance groups.
Robert M. Redis is a member of the Access to Justice Program, established by the Appellate Division, Second Department. The committee's primary goal is to improve the delivery and responsiveness of the courts to pro bono and poverty clients in litigated matters and assist courts in dealing with these matters.
For the second straight year, Joe Brophy was selected as a Super Lawyer in the New York Metropolitan area in the field of Personal Injury/Medical Malpractice. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement. Super Lawyers has a rigorous selection process; only five percent of all lawyers in each state are eligible for consideration, and far fewer are selected. Brophy was one of only two lawyers in his practice area in Westchester to achieve this distinction in 2008.
Philip C. Landrigan we are pleased to announce that Phil has been named a partner of the firm. Phil will continue to practice in the area of Business Litigation.
Joel Martin Aurnou and Joseph J. Brophy lectured on October 23, 2007 for the Westchester Women's Bar Association in White Plains, New York on "Expert Witnesses in Matrimonial Cases: Direct and Cross-Examination." For lecture materials, click on Seminar Outline.
Robert M. Redis is a Co-Author of an Article for the American Bar Association, "Next Frontier: Admissibility of Electronic Evidence" (Listrom, Harlan, Ferguson & Redis) (ABA Summer 2007)
William S. Greenawalt was appointed Chair of the Westchester County’s Citizen’s Task Force on Deer Management and Forest Regeneration. The appointment was made by the Westchester County Department of Parks, Recreation and Conservation. (6/06). This new Task Force, amongst other things, is addressing problems of invasive plant species, acid rain, invasive earthworms and diseases killing trees and plants. Bill also serves as Chair of the Westchester County Parks Board
Robert H. Rosh lectured on Mortgage Foreclosures in Tarrytown, New York on May 3, 2006 for the Real Property Law Section of the New York State Bar Association as part of an all-day program entitled "Practical Skills: Mortgage Foreclosures and Workouts".
We are pleased to announce that Philip C. Landrigan has joined the Firm as Counsel. Phil is a member of the Firm's Business Litigation group.
We are pleased to announce that Deborah Yurchuk McCarthy has been named a partner of the Firm. Deborah will continue to practice in the areas of Business Litigation, Surrogate’s Court Litigation, Bankruptcy and Matrimonial and Family Law.
On December 19, 2005, Joseph J. Brophy obtained a $4.5 million settlement in the case of Barilla v. Giangrasso et al., after three weeks of trial in Nassau County Supreme Court. The client, who was 18 years old at the time, suffered multiple injuries when the car in which he was a passenger crashed at high speed into the rear end of a tractor trailer truck which was stopped on the roadway at night. Mr. Barilla's injuries included a severe stretch injury to the brachial plexus, rendering his right arm mostly paralyzed despite surgery, chronic severe pain from a torn nerve root in his neck, and a closed head injury. The settlement was one of the largest ever achieved for such injuries, and one of the largest for a motor vehicle accident in Nassau County in recent years.
Robert M. Redis lectured in White Plains, New York on September 16, 2005 on “The Freedom Of Information: Cameras In The Courtroom” for Lorman Education Services as part of a seminar entitled "Open Records Law."
We are pleased to announce that Joseph J. Brophy has joined our firm as Counsel. Joe is a member of the firm's Business Litigation group and chairs the firm's newly established practice area, Medical Malpractice and Personal Injury. Joe is best known as one of the leading plaintiff's medical malpractice litigators in the Hudson Valley. Joe's experiences also include notable cases in the areas of legal malpractice, commercial litigation and defamation.
Robert M. Redis was re-elected President and was elected Chairman of the Board of Directors of Food PATCH. The mission of Food PATCH, a certified affiliate of Second Harvest, the largest domestic hunger relief charity in the United States, is to alleviate hunger and minimize food waste in Westchester County.
As co chair of the Mock Trial Committee of the Westchester County Bar Association, Robert M. Redis ran the Westchester County High School Mock Trial Competition. The competition, which took place at the Richard J. Daronoco County Courthouse, started on February 26, 2004 and continued for many weeks. Thirty-six high schools participated.
Robert M. Redis was elected President of Food PATCH. The mission of Food PATCH, a certified affiliate of Second Harvest, the largest domestic hunger relief charity in the United States, is to alleviate hunger and minimize food waste in Westchester County. Food PATCH solicits and administers donations from both the public and private sector, distributing food through local agencies, who, through various programs, meet the needs of individuals and families.
Joel Martin Aurnou has joined the firm as Counsel.
Robert M. Redis was appointed as co chair of the Mock Trial Committee of the Westchester County Bar Association. As part of his work, he is working with 30 Westchester high schools whose students are participating in moot court trials.
Robert M. Redis was elected Regional Director of Notre Dame First (University of Notre Dame’s Fighting Irish Resource Service Team) of the Alumni Association covering New Jersey, Southern Connecticut And Southern New York.
Kathleen Donelli lectured on April 24, 2002 in White Plains, New York for the Westchester Women's Bar Association on "Taking and Defending Depositions." For lecture materials, click on Seminar Outline.
As part of the firm’s pro bono activities, Robert M. Redis recently defended Pathways to Housing on a criminal complaint in Yonkers, New York. Pathways to Housing is a non profit organization that works to end homelessness for people living on the streets with concurrent mental illness and addiction
Robert M. Redis was elected in January, 2002 to Notre Dame's FIRST, a community service organization of the National Alumni Board for the University of Notre Dame in which he serves as a regional director for Metro New York, including New York City, lower Connecticut and the lower Hudson Valley.