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Montfort, Healy, McGuire & Salley Successfully Represents a Major Area Hospital Our partner, Michael J. Boranian, who heads the medical malpractice department at Montfort, Healy, McGuire & Salley LLP, was recently successful in the defense of an action brought against a major area hospital. Mr. Boranian represented the hospital both at trial in the Suffolk County Supreme Court and in the Appellate Division, Second Department, which last week affirmed the trial court’s dismissal of the complaint. READ MORE »

Christopher Cafaro Elected to Federation of Defense & Corporate Counsel Christopher Cafaro, a partner with the firm, has been elected as a member of the Federation of Defense & Corporate Counsel (FDCC). The group’s Board of Directors elected Mr. Cafaro based upon the recommendation of its Admissions Committee. READ MORE »

Court reviews use the Statute of Limitation Defense in a boilerplate paragraph – Call to the Court of Appeals?

Failure to follow procedural rules can have a detrimental effect on a case. Recently, the New York Appellate Division, First Department held that the statute of limitations would not bar the plaintiff's action because the defendant did not assert the defense in accordance with the format required by New York Civil Procedure Rule governing pleadings, CPLR §3040. READ MORE »

The Perils of Falling Asleep in the Jury Box

Jurors comprise one of the most integral components of our legal system. In criminal cases, a defendant’s life and liberty is at the mercy of those who sit in the jury box. In civil cases, a plaintiff may or may not get the compensation they deserve for injuries depending upon what transpires during the jurors’ deliberations. Therefore, when a juror falls asleep during testimony and when evidence is being presented, those whose fates rest upon the outcome of the trial may not see justice served. READ MORE »

Garden City Proposed Social Host Law Expands Liability

With prom season in full swing and the warm weather approaching, this is a time of year that is prime for underage drinking parties. Unfortunately, this season of festivities can turn tragic when teenagers imbibe. A new local law recently proposed by Police Commissioner Kenneth Jackson is hoped to be a deterrent to combat underage alcohol consumption and the problems associated with it in Garden City. READ MORE »

Proposed Changes to the Federal Rules of Civil Procedure 2015

The Federal Rules of Civil Procedure (FRCP) have governed federal civil litigation since they were introduced, in an effort to provide uniform procedural rules, as the Rules Enabling Act in 1934. The rules before 1934 consisted of various mixtures of both State and Federal procedure. Recently proposed changes to the FRCP have sparked much discussion and debate. The proposed amendments, if approved, would have an effective date of December 1, 2015. READ MORE »

Qualified Privilege in Anticipation of Litigation

It is a Rule of Professional Conduct that communications between clients and their attorneys constitutes privilege. What about statements made to the defendant by his adversary’s lawyer before a lawsuit has been commenced? Where is the line drawn between allegations and defamation? READ MORE »

Venue in case against Suffolk County School District is changed to Kings County

CPLR 504, in part, requires that the venue for all trials against school districts take place in the county in which the school district is located. Courts have further noted that CPLR 504 not only applies to school districts, but also to counties, cities, towns, and villages. The statute’s purpose is to safeguard municipal entities from the inconveniences that result if venue could be placed in another county. However, despite the strict statutory language, courts have held that a venue may, in fact, be changed upon a showing of special circumstances. READ MORE »

For more information about these cases or the firm's insurance defense representation, contact Donald Neumann, Managing Partner, at donald_neumann@mhms-law.com or at (516)747-4082.

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