Picture of Mathew P. Barry

Mathew P. Barry

Associate
barry@mltw.com
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Phone: (518) 447-3343
Fax: (518) 426-4260

677 Broadway, P.O. Box 459
Albany, New York 12201-0459

Mathew P. Barry is a senior litigation associate at McNamee, Lochner, Titus & Williams, P.C.  He initially joined the firm in 2003 as a litigation associate and then went on to practice for two years in Boston, Massachusetts where he focused on defense litigation for insurance companies and large corporations on a range of civil matters.  In 2006, Mr. Barry rejoined McNamee, Lochner, Titus & Williams.

Mr. Barry currently handles a range of civil matters for businesses and individuals focusing his practice on property and land use disputes, commercial litigation, estate litigation, personal injury matters and contract litigation.  His practice also includes commercial lending.  He is an experienced litigator in state and federal courts at both the trial and appellate levels.  Mr. Barry actively practices law in both New York and Massachusetts.

Education

J.D., cum laude, Albany Law School of Union University, 2003
Associate Editor of Albany Law Review

B.A., Union College, 2000

Jurisdictions Admitted to Practice

State of New York, 2004
Commonwealth of Massachusetts, 2004
United States District Court, Northern District of New York, 2004
United States District Court, Southern District of New York, 2004
United States District Court, District of Massachusetts, 2004
2nd Circuit Court of Appeals, 2009

Professional Associations and Community Involvement

Albany County Bar Association

New York State Bar Association

Albany Law School Inns of Court

Legal Aid Society of New York

Publications

  • Judicial Opinion on the Criminality of Sports Violence in the United States, Seton Hall Journal of Sports and Entertainment Law, 2005

Significant Cases

  • Aiardo v. Town of East Greenbush and Wacholder, 64 A.D.3d 849 (3rd Dept. 2009)
    The court affirmed the dismissal of plaintiffs' complaint holding that the concerned citizens (plaintiffs) did not have standing to bring the action against the municipality and that the defendant (individual landowner) had not been given real property by the town in violation of the New York State constitution.

  • Leaman v. McNamee, 58 A.D.3d 918 (3rd Dept. 2009)
    In a real property dispute involving the extent and location of an easement, the appellate court reversed summary judgment in favor of the plaintiffs (easement holders) and remanded the matter to the trial court after finding that the parties' deeds were unclear on their face as to the precise location of the easement.

  • Matter of Maliszewski, 42 A.D.3d 737 (3rd Dept 2007)
    In a matter involving the construction of a will, the appellate court reversed the decision of the Surrogate's Court and held that the will provision  in question created a valid trust for the beneficiaries under the age of 25.

  • Peter Miller v. Consolidated Rail, 41 A.D.3d 948 (3rd Dept. 2007), affd. 9 N.Y. 3d 973 (Ct. App. 2007)
    The court affirmed the granting of summary judgment to a landowner by the Appellate Division (41 A.D. 3d 948) holding that the landowner was under no duty to provide emergency lighting during a power outage.