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Maynard, O'Connor, Smith & Catalinotto, LLP

August 12, 2013

Firm Obtains Dismissal of Slip and Fall Case

Category: Firm News — admin @ 8:10 am

The firm was recently successful in its defense of the St. Mary’s School.  The plaintiff, a parent of a school child, maintained that he slipped and fell on the front steps of the school, and claimed that the steps had been improperly cleaned and polished.  Our office moved for summary judgment and dismissal of the action.  We demonstrated that the School had appropriate polices and procedures for cleaning and inspection of its floors, that there was no substance or debris on the stairs, and that the mere fact that a stair might be “slippery” did not support a cause of action.  In addition, we demonstrated that there was no proof that the alleged slippery condition had existed for a significant period of time and, in fact, that the plaintiff himself had walked up and down those steps three times that day without issue or complaint.

In a written decision by Hon. David Krogmann, Supreme Court, Warren County, the Court granted our motion and dismissed the case in its entirety.  The court agreed that the School did exercise reasonable care, that there was no proof of any defective condition, and that the plaintiff had failed to demonstrate any triable issues of fact.

August 5, 2013

Firm Successfully Defends Appeal of Malpractice Action

Category: Firm News — admin @ 8:08 am

Robert Rausch was recently successful in obtaining not only a dismissal of a medical malpractice claim against a local hospital, but also in subsequently defending an appeal from that decision.  The plaintiff claimed that he was injured during the course of a physical therapy session and commenced an action in federal court based on both medical malpractice and disability claims.  The federal District Court dismissed the case, and the plaintiff appealed to the United States Second Circuit Court of Appeals.  On appeal, Rob Rausch argued that not only was the appeal jurisdictionally defective, but also that the underlying case lacked merit.  The Second Circuit agreed, affirmed the Decision of the lower court, and dismissed the case in its entirety.

July 29, 2013

Firm Supports Operation Adopt a Soldier

Category: Firm News — admin @ 8:57 am

Maynard O’Connor employees have once again donated non-perishable food and personal care items to Operation Adopt a Soldier, Inc. This is a not-for-profit organization  which distributes the goods to troops and their families based upon their needs. The collection process is continuous, and on-going, in the Maynard office, and delivery to the organization occurs when the boxes are full. Maynard O’Connor is proud of the selfless consideration of their employees.

Operation Adopt A Soldier is a tremendous organization that assists our soldiers and their families. They send care packages to our troops in war torn areas, and also provides a warm welcome home at airports for our returning soldiers. The volunteers also sends card and letters to wounded soldiers in Landstul hospital in Germany. They run their own Family Support Group, and visit the Albany VA hospital patients. They also provide valuable professional services from electricians, plumbers, carpenters, legal services when needed, and other professions to assist returning soldiers and their families.

For more information regarding Operation Adopt a Soldier, visit its website at www.operationadoptasoldier.com.

June 5, 2013

Rob Rausch named President of Albany Law School National Alumni Association

Category: Firm News — admin @ 3:35 pm

Rob Rausch has been elected President of the Albany Law School National Alumni Association, and will serve in that position through mid-2014. In that capacity, he will also serve as a member of the Albany Law School Board of Trustees. Albany Law School was founded in 1851 and is the nation’s oldest independent law school. There are currently over 10,000 alumni and members of the National Alumni Association.

May 9, 2013

Firm is Successful in Defense of Discrimination Appeal

Category: Firm News — admin @ 12:26 pm

In the matter of Davidson v. LaGrange Fire District, the plaintiff alleged that she had been subject to discrimination based on gender, age, or disability. The District certainly denied any wrongdoing. The firm successfully moved to dismiss the claim in the U.S. District Court, Southern District. Although the plaintiff pursued an appeal, the firm was successful once again in defending the appeal. This week, the U.S. Second Circuit Court of Appeals unanimously affirmed the lower court’s Decision and found that the plaintiff’s claims were barred by the Statute of Limitations and were also entirely lacking in merit . Rob Rausch, a partner in the firm, handled the appeal.

May 2, 2013

Rob Rausch Participates in Appellate Seminar

Category: Firm News — admin @ 12:02 pm

On April 24th, the New York State Bar Association held its bi-annual Continuing Legal Education program on Appellate Practice. All nine current Justices of the Appellate Division, Third Department, participated in the program and answered questions presented to them by a panel of appellate practitioners. Rob Rausch served on the planning committee for the event and participated as one of the panelists at the program.

April 25, 2013

Maynard, O’Connor Supports Run Against Domestic Violence

Category: Firm News — admin @ 12:19 pm

On April 24th, many members of the firm and their family members, participated in the Albany County Bar Association’s annual 5K Run/Walk Against Domestic Violence. This event annually raises funds to support local not-for-profit organizations providing legal and financial assistance to victims of domestic violence. Maynard O’Connor was also proud to once again be among the sponsors for this event.

April 2, 2013

Maynard O’Connor Prevails on Motion for Summary Judgment

Category: Firm News — admin @ 4:30 pm

Adam Mandell obtains a successful result for a business owner in “trip and fall” case. In that case, the plaintiff alleged serious personal injuries resulting from a trip and fall accident at her place of employment. Specifically, the plaintiff alleged that an interior step within her office violated the New York State Building Code, was dangerously high, not visible and required a handrail. Through the submission of expert proof, Mr. Mandell established that the provisions of the New York State Building Code which were allegedly violated were not applicable to the premises. Mr. Mandell also successfully discredited his opponent’s expert’s opinions by showing that they lacked the necessary evidentiary foundation. Using the plaintiff’s own testimony, Mr. Mandell showed that the plaintiff had gone up and down the same step hundreds of times before without incident, demonstrating that it was not dangerous. The Court agreed, and granted summary judgment in the defendant’s favor.

Concerning this recent victory, Mr. Mandell said, “whether advocating for the plaintiff or the defendant, the attorneys at Maynard O’Connor obtain the best results possible for our clients, through aggressive representation and thorough preparation.”

March 22, 2013

New Arrivals

Category: Firm News — admin @ 10:10 am

Recently, both partner Alex Stabinski and associate Andrea Demers welcomed new additions to their families. Andrea and her husband Jim welcomed a son, Henry, on December 11, 2012, weighing 9 pounds, 5 ounces. Henry joins big sister Grace. Alex and his wife Jean also welcomed a son, Joseph, on December 22, 2012, weighing 8 pounds, 6 ounces. Joseph joins big brothers Alex and Viktor. Both families, and the Maynard ‘family’ are overjoyed with these new arrivals!

February 25, 2013

Firm Presents Seminar to Respiratory Therapists

Category: Firm News — admin @ 11:31 am

On February 15th, Rob Rausch spoke to a group of Respiratory Therapists on the topic of “Depositions of Medical Professionals”. The program included an introduction to depositions, an explanation of the fundamentals of depositions, recommendations and strategies for testifying, and frequently-encountered defense issues. The program was part of the annual “Teaching Day” of the Northeast Region of the New York State Society for Respiratory Care. Over 100 participants attended the event.

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