Recent News - Janice J. DiGennaro


DiGennaro and Lewis Obtain Pre-Answer Dismissal of Complex Claims
November 29, 2017 | Janice J. DiGennaro | Shari Claire Lewis | Professional Liability
Janice DiGennaro and Shari Lewis secured pre-answer dismissal in the Nassau County Supreme Court Commercial Division of complex claims of legal malpractice involving $70 million worth of real damages based upon alleged malpractice of predecessor lawyers in the prosecution of fraud claims.  The case was a legal malpractice within a legal malpractice within a fraud …
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DiGennaro, Belous and Biscone Win Appeal on Novel Issue of Law
November 14, 2017 | Janice J. DiGennaro | Todd Belous | Merril Biscone | Professional Liability
Janice DiGennaro, Todd Belous and Merrill Biscone received a victory in the Appellate Division, First Department, dismissing third-party claims for contribution in a mass fraud and Judiciary Law action involving hundreds of phen-phen plaintiffs against their mass tort lawyer.  The basis for the dismissal is an issue of first impression in the state court in …
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DiGennaro Speaker at NYSBA’s Risk Management Program
October 24, 2017 | Professional Liability
Janice DiGennaro will be a speaker at the New York State Bar Association’s Risk Management 2017. Program Description: The New York State Bar Association is pleased to present Risk Management for Lawyers. Designed for all practicing attorneys regardless of their level of expertise, this program will provide practical tips to help improve your practice and …
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DiGennaro and Fyman Obtain Dismissal of Legal Malpractice Claim
October 4, 2017 | Janice J. DiGennaro | Avigael C. Fyman | Professional Liability
Janice DiGennaro and Avigael Fyman secured dismissal of a legal malpractice claim predicated upon flawed Medicaid planning, which essentially left the elderly plaintiffs vulnerable to Medicaid clawback after one of them required nursing home care.  Despite very sympathetic plaintiffs and real errors by the attorney defendant, the Court agreed with our argument that the claims …
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DiGennaro and Belous Win Pre-Answer Motion to Dismiss
May 17, 2017 | Professional Liability
Janice DiGennaro and Todd Belous were successful on a pre-answer motion to dismiss granted in favor of our client, an attorney, who was accused of the unauthorized and improper removal of attorney escrow funds. In 2006, our client represented plaintiff in the back-to-back sale of his residential property and the purchase of a larger replacement property. Ten …
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DiGennaro and Lastorino Prevail on a Pre-Answer Motion to Dismiss
May 12, 2017 | Professional Liability
Janice DiGennaro and Carol Lastorino obtained a pre-answer dismissal of claims against their attorney client for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”).  The FDCPA imposes strict liability on debt collectors, including debt collection law firms, that violate the statute’s provisions. Plaintiff’s FDCPA claims flowed from defendant’s commencement of a mortgage foreclosure …
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DiGennaro a panelist at NYSBA CLE entitled, “Ethics 2017: Legal Ethics in the Real World”
May 1, 2017 | Professional Liability
Janice DiGennaro will be a panelist at the New York State Bar Association’s CLE entitled, ” Ethics 2017:  Legal Ethics In the Real World”.  Janice’s topic is “Review of Recent Ethics Opinions and the New York Rules of Professional Conduct.” Topics to be covered include: Business Development Fees and Other Compensation Forms of Practice Advertising and …
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Korman and DiGennaro Secure Victory on Appeal
April 17, 2017 | Appeals | Professional Liability
Cheryl Korman and Janice DiGennaro secured a victory on appeal for their lawyer clients of claims under New York Judiciary Law section 487 in the Second Circuit Court of Appeals. The claims were based on an almost two decade long litigation  in the state court between the plaintiff and his former wife.  The plaintiff brought shadow …
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DiGennaro and Lastorino Obtain Discontinuance
April 17, 2017 | Professional Liability
Janice DiGennaro and Carol Lastorino obtained a discontinuance with prejudice of all claims against their client for legal malpractice, breach of fiduciary duty, breach of contract, fraud and a violation of Judiciary Law 487.  The claims flowed from the assertion that the client failed to secure the consent of the plaintiff’s former business partners on a …
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DiGennaro and Belous Prevail on Summary Judgment Motion
March 6, 2017 | Professional Liability
Janice DiGennaro and Todd Belous were successful on a motion for summary judgment granted in favor of our client, an attorney, who was accused of having knowledge of and participating in a fraudulent loan transaction. Imposters, claiming to own real estate, successfully defrauded a lender of $350,000.  The title company of the lender reimbursed the …
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DiGennaro Presents at New York State Bar Association’s Legal Malpractice Conference
February 17, 2017 | Directors & Officers Liability | Professional Liability
Janice DiGennaro presents at the New York State Bar Association’s Legal Malpractice Conference entitled, “Professional Liability Claims, Litigation Strategies, Attorney Discipline and Ethics.”  The conference will be held on March 31 at the Melville Marriott, Melville, NY. Janice will present, “Common Defenses to the Malpractice Action and Related Causes of Action.” Program Description: Lawsuits against …
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DiGennaro and Belous Secure Pre-Answer Dismissal of Complaint
January 24, 2017 | Professional Liability
Janice DiGennaro and Todd Belous secured a pre-answer dismissal of the complaint against their client, an attorney who represented plaintiff in connection with severe personal injuries he sustained in a collision with a motor vehicle at a car wash.  The client prosecuted the personal injury claim against the car wash, the owner of the vehicle, and …
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DiGennaro and Fyman Victorious in Dismissal of Defamation Lawsuit
December 6, 2016 | Professional Liability
Janice DiGennaro and Avigael Fyman prevailed on their motion to dismiss a lawsuit alleging claims of defamation, injurious falsehood, and prima facie tort against their client, a home inspector, who inadvertently got caught in the cross-hairs of an ugly divorce.  While the Plaintiff, himself an attorney, claimed that he had been severely damaged as a …
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DiGennaro Speaker at New York State Bar Association’s 2016 Risk Management Program
October 11, 2016 | Professional Liability
Janice DiGennaro is a speaker at New York State Bar Association’s Risk Management program on Friday, Oct. 14, 2016. Janice’s session is entitled, “Relations with Others, Including Partners and Non-Clients.” The session includes: Integrity in dealing with non-clients – Standards of Civility Intra-firm relationships Dealing with partners Supervisory responsibilities of law firms and attorneys Scope of supervisory responsibility of …
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DiGennaro to Speak at ABA National Legal Malpractice Conference
September 22, 2016 | Directors & Officers Liability | Compliance Investigations & White Collar | Professional Liability
Janice DiGennaro will participate in a panel discussion entitled, “Use and Defense of Experts in Legal Malpractice Cases,” at the American Bar Association National Legal Malpractice Conference on September 22, in Chicago. Use and Defense of Experts in Legal Malpractice Cases The latitude with which an opposing expert is permitted to testify at trial can …
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DiGennaro Joins NYSBA Committee on Professional Ethics
July 27, 2016 | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability
Janice DiGennaro has joined the New York State Bar Association’s Committee on Professional Ethics. This Committee is the most productive Committee in the State as it writes and publishes more ethics opinions than any other Bar Committee and its opinions become influential sources for ethical guidance to the courts and attorneys across the State. NYSBA Committee …
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DiGennaro successful at Sanction Hearing
June 14, 2016 | Directors & Officers Liability | Compliance Investigations & White Collar | Professional Liability
Janice DiGennaro successfully defended an attorney at a sanction hearing after the court had previously ruled (prior to Rivkin Radler’s retention) that surveillance video of an accident had been spoliated and had ordered an evidentiary hearing on the issue of sanctions.  Janice secured the deposition and affidavit of a non-party out-of-state witness who established that the …
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DiGennaro, Green and Lewis to Speak at the 2016 Claims & Litigation Management Alliance Conference
April 7, 2016 | Employment & Labor | Directors & Officers Liability | Compliance Investigations & White Collar | Professional Liability | Privacy, Data & Cyber Law
Held each spring, the CLM Annual Conference features more than 80 collaborative educational sessions and keynote presentations designed by industry professionals to help attendees gain the knowledge they need to be on the forefront of the industry. Attendance at the Annual Conference is limited to 1,800 individuals and is balanced among CLM Members and Fellows. …
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DiGennaro and Fyman Victorious in Ray v. Watnick
April 4, 2016 | Professional Liability
Janice DiGennaro and Avigael Fyman were victorious in a motion to dismiss claims under Judiciary Law Section 487 brought against our attorney clients in Ray v. Watnick. Section 487 makes it a misdemeanor for an attorney to engage in any deceit of a court and also provides for the recovery of treble damages.  The motion …
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DiGennaro a speaker at New York State Bar Association program
April 1, 2016 | Professional Liability
Janice DiGennaro will be a speaker in the New York State Bar Association program entitled “Basic Lessons on Ethics and Civility 2016.”  The program will take place at the Melville Marriott, 1350 Walt Whitman Rd., Melville from 9 a.m. – 12:45 p.m. Program Description: A sound ethical compass and a civil and professional demeanor are the …
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DiGennaro and Goldberg Victorious in RICO Class Action Suit
March 17, 2016 | Professional Liability
Janice DiGennaro and Seth Goldberg had a big victory in a RICO class action lawsuit on behalf of our lawyer clients in Singh v. Rosicki Rosicki & Associates P.C.  On the eve of oral argument before Southern District Court Judge Robert W. Sweet, plaintiff’s counsel offered a voluntary stipulation of dismissal.  Plaintiff’s counsel conceded that …
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DiGennaro Appointed to NYCBA Committee
March 16, 2016 | Directors & Officers Liability | Compliance Investigations & White Collar | Professional Liability
Janice J. DiGennaro has been appointed a member of the New York City Bar Association’s Committee on Professional Ethics which is dedicated to helping New York lawyers understand and comply with their ethical obligations. The Committee runs a hot-line wherein questions are answered for lawyers admitted in New York about their own prospective conduct under …
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DiGennaro to present at Hofstra Law School Alumni
March 10, 2016 | Directors & Officers Liability | Complex Torts & Product Liability | Professional Liability
On March 10, 2016, Janice DiGennaro will present a CLE program entitled, “Legal Ethics:  Hot Topics & Current Events,” to Hofstra Law School Alumni. Janice represents attorneys for claimed malpractice, fiduciary breaches, and fraud in the handling of matters including employment discrimination, bankruptcy, commercial transactions, tax law, trusts and estates, matrimonial conflicts, entertainment law, criminal …
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DiGennaro presents, “Legal Ethics: Hot Topics & Current Events”
July 14, 2015 | Directors & Officers Liability | Professional Liability
Janice DiGennaro, a partner in the Firm’s Professional Liability Practice Group, co-presents, “Legal Ethics:  Hot Topics & Current Events,” to the Jewish National Fund, Lawyers for Israel. Janice represents attorneys for claimed malpractice, fiduciary breaches, and fraud in the handling of matters including employment discrimination, bankruptcy, commercial transactions, tax law, trusts and estates, matrimonial conflicts, entertainment …
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DiGennaro speaker at NYSBA CLE – Legal Malpractice 2015 Professional Liability Claims, Litigation Strategies and Ethics
March 13, 2015 | Professional Liability
Janice J. DiGennaro, a partner in the Firm’s Professional Liability Practice Group, is a featured speaker at the New York State Bar Association’s Legal Malpractice 2015 Professional Liability Claims, Litigation Strategies and Ethics CLE.  Janice’s presentation is entitled, “Legal Malpractice Causes of Action, Litigation Strategy and Ethics.” Program description: Lawsuits against lawyers arising from errors and/or omissions …
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DiGennaro a speaker at NYS Bar Association
October 24, 2014 | Professional Liability
Janice DiGennaro will be a speaker at the New York State Bar Association’s Risk Management 2014.  Ms. DiGennaro’s topic will be, “Competency in Area of Practice & Insurance Considerations.” About the topic: Mandatory continuing legal education Referrals and associations with attorneys proficient in area of representation Dangers in office sharing and implied partnerships Graphs/Charts ? …
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DiGennaro presents “Avoiding the Pitfalls of Flying Solo”
September 18, 2014 | Professional Liability | Directors & Officers Liability
Janice DiGennaro presents a program entitled, “Avoiding the Pitfalls of Flying Solo – Survival Tips for the Solo and Small Law Practice.” ABOUT THE PROGRAM: Flying solo or even with a co-pilot and small crew can be tricky. Turbulent economic times, climate changes, and unforeseen obstacles can make the journey a challenging one. Learn what …
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Janice DiGennaro to speak at DRI Professional Liability Seminar
December 12, 2013 | Professional Liability
Janice DiGennaro, a partner and co-chair of the firm’s Professional Liability practice group, will be a speaker at the DRI Professional Liability Seminar on Thursday, December 12, 2013.  Ms. DiGennaro will present, “Effective Discovery In Professional Liability Matters.” This seminar is dedicated to the needs of attorneys and insurers who represent the interests of all …
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Janice DiGennaro to speak at the Queens County Bar Association
October 29, 2013 | Professional Liability
Janice DiGennaro, a partner in the Firm’s Professional Liability Practice Group, will be a featured speaker as the Queens County Bar Association presents: “Avoiding the Pitfalls of Flying Solo; Survival Tips for the Solo and Small Law Practice.” The program will take place on Tuesday, October 29, from 6:00 p.m. to 8:15 p.m. Moderator: Katarzyna Wilinska,Esq. …
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Janice DiGennaro to speak at NYSBA’s Fall Risk Management Seminar
October 4, 2013 | Professional Liability
Janice J. DiGennaro, a partner in the Firm’s Professional Liability Practice Group will be a featured speaker at the New York State Bar Association’s Fall Risk Management Seminar: “Protecting Your Practice – Risk Management.”  Ms. DiGennaro’s presentation will focus on,“Protecting Your Practice.” The program will be held at: Long Island Marriott101 James Doolittle BoulevardUniondale, NY 11553(516) …
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Janice DiGennaro to speak at NYSBA CLE entitled, “Legal Malpractice 2013-Professional Liability Claims, Litigation Strategies and Ethics”
March 8, 2013 | Professional Liability
Janice DiGennaro, a partner in the firm’s Professional Liability Practice Group, will be a featured speaker at the New York State Bar Association’s CLE entitled, “Legal Malpractice 2013 – Professional Liability Claims, Litigation Strategies and Ethics.”  Ms. DiGennaro’s topic is entitled, “Common Defenses To The Malpractice Action and Related Causes of Action.” Program Description: Lawsuits …
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Janice DiGennaro to speak at New York State Bar Association’s CLE
September 28, 2012 | Professional Liability
Janice DiGennaro, a Partner in the firm’s Professional Liability Practice Group, will be speaking at the New York State Bar Association’s program entitled, “Risk Management for Attorneys 2012 – Protect Your Practice.” Ms. DiGennaro’s presentation is entitled, “Relations with Others, Including Partners and New Clients,” and will address the following: Integrity in dealing with non-clients …
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Janice DiGennaro presents “Protecting Your Practice” at the Risk Management for Attorneys 2011- Protect Your Practice
October 5, 2011 | Professional Liability
Janice DiGennaro, a partner in the firm’s Professinal Liability Practice Group, presented a seminar entitled, “Protecting Your Practice” to the New York State Bar Association at their Fall CLE entitled, “Risk Management for Attorneys 2011 – Protect Your Practice.”  Reasons to Attend Earn 4.0 ethics credits (4.5 total credits) Learn about standardization of engagement, non-engagement and …
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Avoiding the Pitfalls of Flying Solo – Survival Tips for the Solo and Small Law Practice.
June 9, 2011 | Professional Liability
ABOUT THE PROGRAM: Flying solo or even with a co-pilot and small crew can be tricky. Turbulent economic times, climate changes, and unforeseen obstacles can make the journey a challenging one. Learn what you can do to help avoid some of the risks and liabilities that small and solo practitioners often face. This program will …
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Janice DiGennaro presents “Common Defenses to the Malpractice Action and Related Causes of Action”
March 11, 2011 | Professional Liability
Janice J. DiGennaro spoke on the topic: “Common Defenses to the Malpractice Action and Related Causes of Action” at the New York State Bar Association’s Legal Malpractice Conference on March 11th. …
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Insurance Defense: Walking the Ethical Tightrope and Related Issues
September 21, 2010 | Insurance Coverage | Professional Liability
On September 21, 2010, Janice DiGennaro and David Wilck co-presented a seminar entitled, “Insurance Defense:  Walking the Ethical Tightrope and Related Issues,” in Chandler, AZ. …
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