Montfort, Healy, McGuire & Salley LLP



September 2015 E-Newsletter

Montfort, Healy, McGuire & Salley Secure Victory for Design Architect at the Appellate Division, Second Department

Partners Donald S. Neumann, Jr. and Michael A. Baranowicz of Montfort, Healy, McGuire & Salley recently secured a victory in the Appellate Division, Second Judicial Department for a design architect who was hired for a church building project in Queens. The project entailed demolishing a pre-existing building and constructing a new two story building on the site. READ MORE »

Montfort, Healy, McGuire & Salley LLP Successful in Appeal Concerning Car Accident Liability

Montfort, Healy, McGuire & Salley LLP was recently successful in securing a victory at the Appellate Division, Second Department on behalf of a third-party defendant in a three-car accident. Partner Donald S. Neumann, Jr. and Senior Associate Robert J. Pape, Jr. represented the third-party defendant, who had been impleaded by the driver of the third vehicle. READ MORE »



Doctrine of “Danger Invites Rescue” Applied to Permit Recovery by Firefighter of Underinsured Benefits

In a recent ruling, the Appellate Division, Second Department applied the “danger invites rescue” doctrine in an unusual manner. The suit arose from injuries sustained by a firefighter who came to the aid of a car accident victim, who was trapped in his wrecked vehicle. The firefighter was injured while attempting to extract the motorist using the “jaws of life.” The injury occurred to the firefighter’s right shoulder when he and three other firefighters tried to lift the roof from the mangled vehicle in order to save the motorist inside. READ MORE »

New York Court of Appeals Holds that the Right of Sepulcher Does Not Extend to Tissues and Organs

A recent decision from the New York Court of Appeals held that a Medical Examiner does not have a legal obligation to notify a decedent’s next of kin that any organs or tissues were retained for further medical examination as part of an authorized autopsy. Although the right of sepulcher provides that the next of kin have the right to immediately possess the body of their deceased loved one for burial, the recent holding did not extend that right to include tissues and organs.READ MORE »

New York Court of Appeals Redefines the Foreign Object Rule in Medical Malpractice Cases

Relying on long-standing precedent, the New York Court of Appeals recently redefined what constitutes a foreign object in medical malpractice cases. The Court reversed the Appellate Division, Fourth Department , and held that a broken piece of a catheter did not meet the statutory and precedential definition of a fixation device, but was a foreign object, and thus not subjected to the fixation device statute of limitations for medical malpractice cases. READ MORE »

Appellate Division Considers Whether Immigration Status Has Bearing on Applicant’s Bar Admission

It is not easy to enter into the profession of law. One must go through three years of rigorous academic training, endure the difficult bar exam, and pass an ethics panel interview to determine that the applicant requesting admission into the profession possesses integrity, honesty, and good moral character. The panel looks for candor in the applicants, and goes through a lengthy investigation to ensure fitness for membership of the bar. READ MORE »

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

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Practice Areas


Product Liability


Construction and Industrial Accidents


Professional Liability Claims


Insurance Coverage


Federal Civil Rights Claims


Personal Injury Claims Arising Out of Motor Vehicle Accidents


Homeowners' Claims


Commercial Premises Personal Injury Claims


Medical Malpractice


Hospital Liability Administrative Law

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