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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.

Irma K. Nimetz, a member of our Appellate Practice, Commercial Litigation, Estate & Trust Litigation and Trusts & Estates groups, presented “Aging Adults & Estate Planning: How To Start The Conversation” at the 25^th Annual Senior Law Day at the Westchester County Center. Senior Law Day offers free legal and financial advice for Westchester County seniors and their families.

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.

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.

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.”

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.

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.

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.