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Attorney Profile

Cheryl F. Korman

Partner

Cheryl F. Korman is an appellate lawyer who has represented clients in hundreds of appeals involving substantive and procedural issues relating to diverse areas of the law, including attorney and accountant malpractice, civil procedure, commercial litigation, insurance law, labor law, municipal liability, no-fault law, medical malpractice, and premises liability.    

A partner in Rivkin Radler’s Litigation & Appeals Practice Group with over two decades of experience, Cheryl regularly prosecutes and defends appeals before New York appellate courts and the U.S. Court of Appeals for the Second Circuit. 

Before joining the firm, Cheryl served as senior court attorney for the New York State Appellate Division, Second Department. 

Cheryl was chosen to be a member of the New York State Bar Association Committee on Courts of Appellate Jurisdiction. Cheryl was named one of the “Top 40 Rising Stars in Business” and one of Long Island’s “Most Influential Women” by Long Island Business News.  She also was named to Long Island’s “Who’s Who in Women in Professional Services” and a Super Lawyer in the Metro New York Area. 

Cheryl is active in the American Heart Association for the Long Island region. She has worked with the organization for more than 10 years, raising both funds and awareness.

Representative Cases:

Friedman v. Connecticut Gen. Life. Ins. Co., 9 N.Y.3d 105 (2007) Court held that the placement of a Relation of Earning to Insurance (REI) clause with the general provisions of a disability insurance policy complies with Insurance Law § 3216.

Collela v. Board of Assesors, 95 N.Y.2d 401 (2000) Court held that a real property taxpayer whose only complaint is that he was taxed too much because other property was omitted from the rolls has no legal recourse to complain of an individual real property tax exemption granted with respect to property of another.  Petitioner failed to satisfy two-prong test to challenge governmental action.

Longi v. New York, 2010 U.S.App.LEXIS 1654 (2010) Court affirmed dismissal of pro se appellant's complaint alleging, among other things, conspiracy, discretionary abuse and claims of legal malpractice.

Krauss v. Oxford Health Plans, Inc., 517 F.3d 614 (2008) Court affirmed the dismissal of complaint against insurer as it provided all reimbursement required under the terms of an employee benefit plan governed by ERISA. 

Smith v. Half Hollow Hills Central School District, 298 F.3d 168 (2002) Court affirmed summary dismissal of due process claim filed by a student and his parents arising out of incident of alleged physical abuse. 

Last v. Guardian Life Insurance Company, 72 A.D. 3d 1032, 898 N.Y.S.2d 879 (2d Dep't 2010) Dismissal of action warranted where plaintiff failed to establish applicability of relation back doctrine.

Zelaya v. Starks, 67 A.D.3d 1005 (2d Dep't 2009) Jury determination assessing no liability against a defendant in a motor vehicle accident was not contrary to the weight of the evidence.

M.S. v. County of Orange, 64 A.D.3d 560 (2d Dep't 2009) Reversible trial errors mandated a new trial in an action against foster parents arising out of an allegation of sexual abuse while the plaintiff was in foster care.

Colombo v. SanFillipo, 61 A.D.3d 626 (2d Dep't 2009) Defendants established prima facie entitlement to judgment as a matter of law in a premises liability case.

Glaser v. County of Orange, 54 A.D.3d 997 (2d Dep't 2008) Court held, among other things, that award of $1,000,000 for decedent's conscious pain and suffering deviated materially from reasonable compensation where decedent was conscious for only a matter of minutes before he died. 

Mussili v. Kohler Company, 50 A.D.3d 1600 (4th Dep't 2008) dismissal of action against manufacturer of shower door for injuries sustained as the result of a purportedly defective display where there was no evidence that the manufacturer retained control of the display.

Plimpton v. Massachusetts Mutual Life Insurance Company, 50 A.D.3d 532 (1st Dep't 2008) Discusses attorney-client privilege, attorney work-product and material prepared in anticipation of litigation in deciding whether communication subject to discovery.

Cooper v. Kelner & Kelner, 45 A.D.3d 323 (1st Dep't 2007) Legal malpractice action dismissed where plaintiff could not prove that but for attorney's alleged negligence plaintiff would have succeeded in the underlying action.  

Filiberto v. Herk's Tavern, 37 A.D.3d 1007 (3d Dep't 2007) Assessing scope of a defendant's duty and whether injured person fell within the zone of foreseeable harm.  

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Cheryl Korman

Long Island
926 RXR Plaza
Uniondale, New York 11556-0926

PHONE (516) 357-3573
FAX (516) 357-3333
cheryl.korman@rivkin.com

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PRACTICE AREAS

Litigation & Appeals

BAR ADMISSION

New York

COURT ADMISSIONS

United States District Courts for the Eastern and Southern Districts of New York
United States Court of Appeals, Second, Fourth and Sixth Circuits

CLERKSHIPS

Appellate Division, Second Department

EDUCATION

St. John University, Juris Doctor
State University of New York at Albany, B.S. in Business Administration