Firm News
Burke Elected to Board of White Plains Bar Association
Natalie M. Burke, a member of our Trusts and Estates, Guardianship Practice, Estate & Trust Litigation, Taxation and Municipal Law & Land Use groups, has been elected to the Board of Directors of the White Plains Bar Association.
Nimetz and Streng Author Article on In Terrorem Clauses for the NYSBA Journal
With their success in the New York Court of Appeals, Carlson v. Colangelo, two of our lawyers, Irma K. Nimetz and Frank W. Streng, who Co-Chair our Estate & Trust Litigation group, authored an article for the NYSBA Journal. The article, entitled, “What New York Lawyers Should Know About In Terrorem Clauses in Wills and Trust Agreements,” analyses Carlson and provides information and analyses on what lawyers should do in both planning and representing clients on Will and Trust Agreements containing an in terrorem clause.
DiGiacomo Joins Firm
We are pleased to announce that Emily A. DiGiacomo, a recent Juris Doctor graduate from Elisabeth Haub School of Law at Pace University, has joined the firm and is a member of our Municipal Law & Land Use, Commercial Litigation and Real Estate Transactions groups. During law school, Emily distinguished herself as a Dean’s List student and member of the Pace Environmental Law Review. She served as the Judges Committee Chair for the National Environmental Moot Court Competition and as The Environmental Justice Co-Director of the Environmental Law Society. Emily also gained practical experience through internships with organizations such as the United Nations and the City of White Plains Corporation Counsel.
Nimetz and Streng in the News
McCarthy Fingar’s lawyers are often involved in the most complex and most significant cases in New York. Having won a significant case in the New York Court of Appeals, Carlson v. Colangelo, two of our lawyers, Irma K. Nimetz and Frank W. Streng, who Co-Chair our Estate & Trust Litigation group, authored an article for The New York Law Journal. The article, entitled, “Court Rules Terrorem Clauses Are Enforceable but Strictly Construed,” analyses the Court of Appeals Opinion in Carlson, emphasizing that “attorneys must exercise caution in representing clients on potential challenges to trust agreements that contain an in terrorem clause.”
Nimetz and Streng Win Case in Court of Appeals Dealing with an In Terrorem Clause
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 court 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.
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.