Firm News
Nimetz and Streng Win Case in Court of Appeals
We are pleased to announce that two of our lawyers, Irma K. Nimetz and Frank W. Streng, who both Co-Chair McCarthy Fingar’s Estate & Trust Litigation group, won a case in the New York Court of Appeals, New York’s highest court, in a case captioned Kristine M. Carlson v. Crissy Colangelo, individually and as trustee of the Donald P. Dempsey Revocable Trust, et al., 2025 N.Y. slip op. 02264 (2025). The case involved an “in terrorem” clause. An in terrorem clause, also known as a no-contest clause, is a provision in a will or trust that disinherits a beneficiary if they challenge the document’s validity or its provisions. In Carlson v. Colangelo, Irma and Frank represented a client, in which the lower courts and one appellate court had determined that our client had violated an in terrorem clause, and, thus, forfeited her legacies under the decedent’s trust agreement. However, on appeal, the Court of Appeals, in a 4 to 3 opinion, disagreed with the lower courts and agreed with our client. Irma Nimetz, who argued the case, convinced the Court of Appeals that our client did not violate the in terrorem clause and thus did not forfeit her legacies.
2 McCarthy Fingar Lawyers Named New York Metro/Top Women Super Lawyers® for 2024
Irma K. Nimetz (Estate & Trust Litigation) and Susan Taxin Baer (Estate Planning & Probate) were recognized in the New York Metro/Top Women Super Lawyers. The attorneys named to this list were featured in a recent magazine supplement in The New York Times. The annual Super Lawyers® list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a patented selection process that includes independent research, peer nominations and peer evaluations.
Gilman Joins Firm as Associate Attorney
We are pleased to announce that Malia Elizabeth Gilman has joined the firm and is a member of our Trusts and Estates, Guardianship Practice, Estate & Trust Litigation and Taxation groups. Prior to joining McCarthy Fingar, Malia was an attorney with the Internal Revenue Service as an Estate and Gift Tax Legal Specialist. Malia started her career with Price Waterhouse Coopers (now known as PWC), where she generally focused on estate, gift tax and other tax planning for PWC’s clients.
Mallett Speaks on Transitions in Local Government Administrations
Rhea N. Mallett, a member of our Municipal Law & Land Use, Real Estate Transactions and Commercial Litigation groups, was part of a panel discussion for the Local and State Government Law Section of the New York State Bar Association, on a program entitled “Transitions in Local Government Administrations – What to Consider?” The program was very timely as the Federal government sees a change in administration in the Executive Branch. Rhea’s presentation focused on similar transitions at the local government level, including what newly elected municipal officers can and cannot do when making appointments to boards and departments. The topics for the panel discussions included political considerations, nepotism, and former government attorneys representing private interests.
Nimetz Speaks on Malpractice in Estate Planning
Irma K. Nimetz, a member of our Appellate Practice, Estate & Trust Litigation and Trusts & Estates groups, spoke at the Annual Meeting for the Trusts & Estates Law Section of the New York State Bar Association on “Malpractice in Estate Planning”. Rising legal malpractice actions against trusts and estates practitioners result in nightmares for many attorneys. Irma’s presentation provided an overview of the elements of legal malpractice actions against estate planning attorneys and discussed best practices to help lawyers and law firms avoid such malpractice actions.
Mallett is a New Partner in our Municipal Law & Land Use, Real Estate Transactions and Commercial Litigation Groups
We are pleased to announce that Rhea N. Mallett has joined our firm as a partner and is a member of our Municipal Law & Land Use, Real Estate Transactions and Commercial Litigation groups. Rhea practices extensively in the areas of New York municipal law, zoning and planning and environmental law. She represents clients before local administrative boards and at public hearings. Since 2022, Rhea has been elected as a Trustee for the Village of Briarcliff Manor. As an elected official in local government, Rhea understands the demands of municipalities firsthand and the guidance needed to help municipal officers govern, legislate and lead their communities.
Subin Settles Major Religious Land Use & Institutionalized Persons Act
Joshua B. Subin, a member of our Municipal Law & Land Use and Commercial Litigation groups, along with co-counsel Leo Dorfman (Sokoloff & Stern) working, on behalf of the Village of Briarcliff Manor, obtained a preliminary settlement of a major Religious Land Use & Institutionalized Persons Act suit, making way for potential redevelopment of the former Pace University Site located in the Village. In a press release, the Village advised that it has reached an agreement with Yeshivath Viznith Dkhal Torath Chaim and Khal Torath Chiam “to suspend litigation and explore alternative uses of the property located at 235 Elm Road. Developers are pursuing the purchase of the property for residential use, and the Village has agreed to study our current zoning, review potential site plans, and consider the associated impacts and benefits such redevelopment might offer our Village.” The settlement and the Village’s decision were also reported by various new organizations.
Streng Chairs and Nimetz Speaks at Calvary Hospital’s “Ethics for Breakfast” Program
Irma K. Nimetz and Frank W. Streng, both members of our Appellate Practice, Estate & Trust Litigation and Trusts & Estates groups, participated in Calvary Hospital’s 21st Annual Trusts & Estates Conference, “Ethics for Breakfast”. This year’s conference – “How a Lawyer Can Avoid Becoming A Target In a Will or Trust Contest” – featured a panel discussion on navigating the ethical challenges for lawyers in estate planning. For this conference, Frank was a Co-Chair and Irma participated in the panel discussion.
Subin Speaks on Attorney Ethics and Technology Issues
Joshua B. Subin, a member of our Municipal Law & Land Use and Commercial Litigation groups, spoke on “Attorney Ethics and Technology-Mediated Lawyering: What’s “Local” in Remote Practice of Law?” for the Westchester County Bar Association. This CLE provided an overview of the unauthorized practice of law in the context of the remote practice of law and the use of artificial intelligence.
Dickson Honored by Fairleigh Dickinson
Fairleigh Dickinson University has announced that Lori Lee Dickson, a member of our Municipal Law & Land Use group, will earn the highest honor bestowed upon a Fairleigh Dickinson University alumnus when she is inducted into the PINNACLE Society during the FDU Forward event at Bell Works in Holmdel, NJ. The PINNACLE Society was formed in 1989 to recognize the University’s most distinguished and accomplished alumni. Each year, a committee of PINNACLE members selects new members from among the University’s alumni based on their distinction in their chosen career field, contributions to society and humanity through public or humanitarian service, and/or outstanding service to the University. In its press release, the University lauded Lori Lee’s work: “As an extremely dedicated alumnus, in addition to her current Emeritus membership on the Board of Governors, Lori Lee’s connections to FDU are deep and varied. She attends numerous University-related events, commuting from her home in New York. She is a current member of the Pre-Law Advisory Board, a Past President of the Alumni Association and a former University Trustee. She is first to raise her hand to support efforts to increase alumni and student engagement. In the past, her involvement included Alumni-in-Admissions, FDU Women and Sands of Time.”