Archives: News

McCarthy Fingar attorneys often author articles for the practicing bar. We are pleased to report that Emily A. DiGiacomo, a member of our Municipal Law & Land Use, Commercial Litigation and Real Estate Transactions groups. has authored an article for the Pace Environmental Law Review’s Greenlaw Blog, entitled “Speeding into the Future: A Closer Look at the Environmental Impacts of High-Speed Rail”. The article analyzes the advantages and disadvantages of the implementation of high-speed rail in the United States from an environmental perspective.

We are pleased to announce that Kathleen Donelli, who was a partner of the firm for many years, has rejoined the firm as counsel. Kathleen is one of Westchester’s best known and most respected lawyers in Matrimonial and Family Law, and is a member of our Matrimonial & Family Law, Collaborative Law, Mediation & Arbitration Practice and Appellate Practice groups. Kathleen continues to be an active member of the legal community, which includes her work as an adjunct professor of Law at Elizabeth Haub School of Law of Pace University and her participation in various committees of the Westchester Women’s Bar Association and the Women’s Bar Association of the State of New York.

McCarthy Fingar represents clients on cases involving problems in real estate transactions.  In Stuart Yellin, et al. v. Revival Property Group, LLC, et al., real estate brokers acted as a dual agent on a real estate transaction, representing both the firm’s clients, as the buyer, and the sellers in the sale of certain real property located in Nassau County. Shortly after the purchase of the property and contrary to the brokers’ representations, the firm’s clients discovered, among other things, that the property was remodeled without proper permits, causing significant structural defects, including potential fraud in the transactions. Acting for its clients, McCarthy Fingar commenced an action in the Supreme Court, Nassau County, against the real estate brokers, claiming fraudulent misrepresentation, negligent misrepresentation, gross negligence and breach of fiduciary duty. Several important claims were dismissed by the lower court, and McCarthy Fingar appealed that decision to the Appellate Division of the Supreme Court, Second Judicial Department (“Second Department”). The Second Department reversed the lower court’s dismissal of several crucial claims, including fraudulent misrepresentation, negligent misrepresentation, gross negligence, and breach of fiduciary duty, against defendants Brode Ellison Group at Douglas Elliman Real Estate and Mark Brode. The Second Department also reversed the lower court’s denial of the plaintiffs’ motion for leave to amend their complaint, further empowering the plaintiffs to strengthen their case. The case will now proceed in the lower court with the reinstated causes of action.

The case was argued by Joshua S. Subin, a partner in the firm’s Commercial Litigation, Municipal Law & Land Use,  Appellate Practice and Real Estate Transactions groups.  “This is a vital outcome for our clients and a significant affirmation of fundamental procedural protections in New York law,” said Joshua S. Subin, counsel at McCarthy Fingar. “The Appellate Division’s decision rightly reinstates our clients’ claims, allowing them to pursue justice for alleged fraudulent conduct and breaches of professional duty. It also serves as an important reminder that CPLR 3211(a) motions to dismiss must be evaluated strictly against the pleaded facts, and courts must provide explicit notice before converting such motions to summary judgment.”

Rhea N. Mallett, a member of our Municipal Law & Land Use, Real Estate Transactions and Commercial Litigation groups, served as a panelist at Pace University Land Use Law Center‘s 24th Annual Alfred B. DelBello Land Use and Sustainable Communities Conference in White Plains. The conference, titled “Fostering the Development of Sustainable Communities through Innovative Strategies”, explored critical issues facing municipalities, attorneys, and planning professionals in New York. Rhea provided insights during a session dedicated to “Ethics in Land Use Practice,” which focused on maintaining professional standards and navigating complex ethical considerations within the field of land use law. Her participation underscores our firm’s commitment to leadership and ongoing professional development in the realm of sustainable community development and land use practice.

Joshua B. Subin, a member of our Municipal Law & Land Use and Commercial Litigation groups, spoke on “The No Contact Rule and Its Exceptions” for the Ethics Committee of the Westchester County Bar Association.

Irma K. Nimetz, who Co-Chairs our Estate & Trust Litigation group, was elected as Secretary to the Westchester County Bar Association‘s Trust & Estates and Tax Section. Natalie M. Burke, a member of our Trusts and Estates, Guardianship Practice, Estate & Trust Litigation, Taxation and Municipal Law & Land Use groups, was elected to the Section’s Executive Committee.

We are pleased to announce that McCarthy Fingar has achieved a ranking in Chambers Spotlight New York 2026 Guide. Chambers is the leading independent professional legal research company operating across 200 jurisdictions. Chambers delivers detailed rankings and insight into the world’s leading lawyers and law firms.

Two of our lawyers, Irma K. Nimetz and Frank W. Streng, who Co-Chair our Estate & Trust Litigation group, lectured at a Continuing Legal Education Program for the Westchester County Bar Association‘s Trust & Estates and Tax Section, entitled, “In Terrorem Clauses: Estate Planning and Litigation Scenarios.” Irma and Frank had won an appeal in the New York Court of Appeals (Carlson v. Colangelo) on an “in terrorem” clause, and the program focused on how lawyers should advise their clients when they are facted with an “in terrorem” cause problem.

Six of McCarthy Fingar’s lawyers have been selected Super Lawyers in the New York Metropolitan area. Susan Taxin Baer has again been selected in the fields of Estate Planning & Probate. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation, Estate Planning & Probate and Elder Law. Michael S. Kutzin has again been selected in the fields of Estate Planning & Probate, Estate & Trust Litigation and Elder Law. Kristen Mackay Pennessi has again been selected in the field of Family Law. Irma K. Nimetz has been selected in the fields of Estate & Trust Litigation, Estate Planning & Probate, and General Litigation. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

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.