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Maynard, O'Connor, Smith & Catalinotto, LLP

October 17, 2013

Maynard O’Connor Welcomes Joe Juidiciani to the firm

Category: Uncategorized — admin @ 8:32 am

We are pleased to announce that Joe Juidiciani has joined the firm as an associate attorney.   Joe concentrates his practice in the areas of civil litigation, including tort liability and medical malpractice.  He also specializes in insurance coverage matters, including commercial general liability and property coverages.

Prior to joining the firm, Joe worked in private practice in New York City handling a variety of insurance coverage matters for both domestic and foreign insurance carriers.   He also previously worked as a Staff Attorney for a national insurance carrier.

The addition of Joe expands the firm to a team of 16 attorneys engaged in diverse areas of practice.

October 14, 2013

Firm Successful at Trial in Defense of Malpractice Claim

Category: Uncategorized — admin @ 8:00 am

Tom Daley recently successfully represented a local surgeon in Supreme Court, Saratoga County.  During the one-week trial, the  theory of the case was that the plaintiff had sustained a permanent nerve injury secondary to the performance of a muscle biopsy.  The plaintiff claimed permanent numbness as well as pain requiring the use of medications  to allow the plaintiff to function.  A claim was also asserted claiming that an informed consent had not been obtained from the plaintiff prior to the procedure being performed, and that she would not have consented to the procedure had she known that permanent numbness and pain could result.  (At the close of the proof presented by the plaintiff, the lack of informed consent claim was dismissed.)  The plaintiff’s expert argued that the biopsy had not been performed in the correct location, resulting in the severing of a nerve.  In opposition to this testimony, the defendant doctor testified that his performance of the biopsy was proper.  The defense also presented an expert who testified that the biopsy was taken from the correct location and that the nerve allegedly severed should not have been in the area of the incision.  The defense also presented the testimony of a neurologist who  testified  that the nerve in question was clearly not severed and that there was no indication that the biopsy was improperly performed.   After a 6 hour deliberation, the jury found in favor of the defendant.

October 7, 2013

Successful Defense in Medical Malpractice

Category: Uncategorized — admin @ 8:00 am

Concetta Lomanto was recently successful in defending a doctor and her practice group at trial in a medical malpractice case. The trial, which took place in Albany County, lasted two and half weeks. The allegation against the doctor was that she delayed in performing or scheduling plaintiff for a surgical repair to his blood vessel. According to plaintiff’s allegation, as a result of that, plaintiff suffers from ongoing nerve damage to his leg, preventing him from engaging in many of the activities he once enjoyed.

During the course of the trial, Concetta Lomanto introduced evidence on behalf of the doctor that definitely demonstrated that at the time the doctor first saw and treated the plaintiff, his condition was absolutely stable. He was not worsening, and his condition did not constitute an emergency or urgent repair. Concetta further introduced evidence that it is not appropriate to perform emergency surgery on a patient who is not in an emergent or urgent condition. Despite the fact that plaintiff was claiming emergency surgery should have been performed, defendant’s evidence showed that the risks of such emergency surgery would far outweigh any benefit when faced with a stable, non-emergent patient.

Evidence was also introduced that demonstrated that the complaints plaintiff currently has are not related to any decreased blood flow to his leg. Instead, some of his complaints were related to preexisting back issues and some were a known complication of the repair surgery.

On the sole question as to any medical malpractice by the doctor, whether it was a deviation from accepted standards of care for her to schedule surgery for the day after she saw the plaintiff, the jury unanimously declared that there was no deviation, no malpractice by the doctor.

October 1, 2013

Firm Opens Milestone File

Category: Uncategorized — admin @ 8:01 am

cakephotoMaynard, O’Connor recently celebrated the opening of its 30,000th file… or at least the 30,000 file since the mid-1990s, when we implemented our current file numeric system.  Since our founding in 1919, the firm has handled several times that many files, involving the full range of legal issues, in practice areas ranging from personal injury to real estate to matrimonial law to employment law…and “everything in between”.

September 23, 2013

Important Changes to Basic STAR Property Tax Exemption

Category: Uncategorized — admin @ 8:02 am

All residential homeowners who previously received a Basic STAR Property Tax Exemption through registration with their local tax assessor must now register with the State of New York.  THE REGISTRATION DEADLINE IS DECEMBER 31, 2013.  Homeowners who do not register by this date will not receive their STAR exemption in 2014.  This change in policy is designed to minimize fraud and abuse by making it less likely that homeowners could obtain exemptions on multiple properties in New York State.

You are able to register the property by accessing the website for the State Tax Department at www.tax.ny.gov.  In the alternative, you can register by calling the Tax Department at (518) 457-2036.  Before registering, please obtain the social security numbers for all owners of your property and the Basic STAR code for your property.  The latter code can also be obtained online and will also be listed on a mailing by the Tax Department which is expected to go out in September.

Please note that senior citizens receiving the Enhanced STAR Property Tax Exemption are not impacted by this requirement and do not need to register.

If you need any assistance, or have any further questions, please do not hesitate to contact our office.

September 16, 2013

From Receptionist to Lawyer?

Category: Uncategorized — admin @ 8:00 am

CRLphoto4The firm’s long-time receptionist, Rosemary Clinch, has left the firm to start her first year of law school at Northeastern University School of Law in Boston, Mass. Although we will miss her at the firm, we wish her the best of luck in law school.

A few current partners at Maynard also started their legal careers in staff positions with the firm. Mike Catalinotto, Jr. worked for the firm as a Law Clerk during summers at Touro Law School. Rob Rausch worked for the firm as a File Clerk for two summers during college.

September 2, 2013

Firm Dismisses Unsafe Gymnasium Case Against School

Category: Uncategorized — admin @ 8:00 am

Maynard, O’Connor, Smith & Catalinotto recently succeeded in dismissing a case against the Roxbury Central School District for allegations of an unsafe gymnasium.  Plaintiff, a student of a neighboring school, was injured during an interscholastic basketball game when he overran the end line and struck a metal door frame during game play.  Plaintiff claimed the school was obligated to pad the door frames and failing to do so was a violation of industry standards and presented an unreasonably dangerous condition to athletes.  Notwithstanding, Justice Carl F. Becker of the Delaware County Supreme Court agreed with our position in his written decision that the gymnasium was built in compliance with the pertinent codes and standards, that plaintiff assumed the risk of striking the door while participating in a competitive basketball game and that the nature of the door frame was open and obvious.  Furthermore, Justice Becker agreed with our argument that plaintiff’s expert was not qualified to render an opinion on the risk of injury involved in this case.  Consequently, our Motion for Summary Judgment was granted in its entirety dismissing all of plaintiff’s claims against the Roxbury Central School District.

August 26, 2013

Two Maynard Attorneys Named as Super Lawyers

Category: Uncategorized — admin @ 8:10 am

Bruce Bell and Robert Rausch have been selected as Super Lawyers by the Upstate New York Super Lawyers magazine. For the fifth time, Bruce was named as a Super Lawyer in the field of Personal Injury Defense: Medical Malpractice. Rob was named as a Super Lawyer in the category of Appellate Practice; in 2012, he was listed in the category of Personal Injury Defense: General.
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. The lists appear in the current issue of Super Lawyers and the September, 2013 issue of Hudson Valley Magazine.

July 22, 2013

Maynard O’Connor Welcomes Kathleen Wilson

Category: Uncategorized — admin @ 2:39 pm

Maynard, O’Connor, Smith and Catalinotto, would like to announce that Kathleen Wilson has joined, as the new Technology and Communications Coordinator. Prior to joining our support team here at the firm, Kathleen worked for Sodexo at RPI, as their Blackboard Specialist. Along with her prior technical experience, Kathleen also brings with her, a Bachelor’s degree in Communications from the State University  of New York at Oneonta. When she is not working, Kathleen enjoys spending her weekends hiking and has recently taken up golf.

Maynard O'Connor Welcomes Kathleen Wilson

Category: Uncategorized — admin @ 2:39 pm

Maynard, O’Connor, Smith and Catalinotto, would like to announce that Kathleen Wilson has joined, as the new Technology and Communications Coordinator. Prior to joining our support team here at the firm, Kathleen worked for Sodexo at RPI, as their Blackboard Specialist. Along with her prior technical experience, Kathleen also brings with her, a Bachelor’s degree in Communications from the State University  of New York at Oneonta. When she is not working, Kathleen enjoys spending her weekends hiking and has recently taken up golf.

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