Recent News - Merril S. Biscone

Krinick, Versichelli and Biscone Convince Court to Dismiss East End Utility Pole Suit
April 27, 2018 | Appeals
Evan Krinick, Michael Versichelli and Merril Biscone successfully secured dismissal of an Article 78 proceeding  that was commenced against LIPA and PSE&G. The proceeding challenged the replacement of numerous overhead transmission utility poles on eastern Long Island.  The Court agreed that dismissal was warranted based on the doctrine of mootness. …
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Korman and Biscone Successful in Dismissal of 42 USC 1983 Claim
January 11, 2018 | Cheryl F. Korman | Merril S. Biscone | Appeals
Cheryl Korman and Merril Biscone were successful in convincing a Federal District Court to set aside a jury verdict in excess of $7.8 million dollars against their client, the provider of medical services to inmates at the Nassau County Correctional Center.  The jury found that the medical provider was responsible for the death of an …
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DiGennaro, Belous and Biscone Win Appeal on Novel Issue of Law
November 14, 2017 | Janice J. DiGennaro | Todd Belous | Merril S. 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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Biscone and Giliberti Victorious in Labor Law Case
October 26, 2017 | Frank J. Giliberti | Merril S. Biscone | General Liability
Frank Giliberti and Merril Biscone were successful in convincing a Court to keep a general contractor in a Labor Law case on behalf of the owner of the building in an exclusive area of Manhattan.  The Court agreed that there were issues of fact as to the general contractor’s role in the construction project on …
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Krinick, Contino, Belous and Biscone Prevail in Famous Fashion Icon Estate Appeal
August 23, 2017
Evan Krinick, Peter Contino, Todd Belous and Merril Biscone were successful in convincing the Appellate Division, Second Department that the pre-answer motion to dismiss the complaint made on behalf of our clients, the attorneys for the estate of a famous fashion icon, was properly granted. This case stemmed from the fashion icon’s contractual promise from …
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Rivkin Radler Secures Affirmance of Summary Judgment On Behalf of State Farm
February 2, 2017 | Insurance Coverage | Appeals
Rivkin Radler recently secured an affirmance of summary judgment from the United States Court of Appeals  for the Second Circuit in favor of State Farm Fire & Casualty Company, based on the insureds’ failure to comply with the policy condition that requires prompt reporting  of the loss. In this case the plaintiffs, Nikolai and Hartyun …
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Mascia and Biscone Victorious in Case of First Impression regarding Pre-Judgment Interest under CPLR 5002 at the Appellate Division, Second Department
August 2, 2016 | Corporate | Appeals
Henry Mascia and Merril Biscone, members of the Firm’s Litigation & Appeals Practice Group, obtained a significant victory in a bifurcated personal injury case involving pre-judgment interest. In Mahoney v Brockbank, the Appellate Division, Second Department held that pre-judgment interest under 5002 begins to accrue at the time of the damages verdict, not at the …
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Biscone honored by Village of Garden City
May 26, 2016 | Appeals
On April 14, Merril Biscone  was honored by the Village of Garden City for her 15 years of service as Village Justice. …
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Biscone Obtains Dismissal of Complaint Brought Under 42 USC
March 16, 2016 | Appeals
Merril Biscone Obtains Dismissal of 42 USC Section 1983 Action On appeal. This case involved the plaintiffs’ purchase of property in the Town of Babylon with the intention of operating an outpatient facility that provides counseling services to recovering drug and alcohol users.  Our client, Town of Babylon, denied the plaintiffs’ application for a permit …
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Biscone assists in updating the New York portion of the US Law Compendium on Negligence
March 16, 2016 | Appeals
Merril Biscone assisted in updating the New York Portion of the US Law Compendium on Negligence that will be released at the US Law Spring Conference April 7-9 in California.  USLAW is an international organization composed of nearly 100 independent, full practice firms with roots in civil litigation, including more than 6,000 attorneys covering the …
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Rivkin Team Victorious In The Second Circuit Court of Appeals
November 25, 2014 | Employment & Labor | Appeals
John Diviney, Cheryl Korman, Merril Biscone and Scott Green were victorious in a Second Circuit Court of Appeals decision affirming a summary judgment win on behalf of their client, a major New York based school bus operator, on claims of interference and retaliation under the Family and Medical Leave Act by a former employee. The …
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Rivkin Team Scores Victory for GEICO in Second Circuit
June 17, 2014 | Insurance Coverage | Appeals
Barry I. Levy, Cheryl Korman and Merril Biscone successfully convinced the Second Circuit to affirm the dismissal of a former employee’s retaliation claim against GEICO.  The plaintiff, a former New York based auto damage supervisor, asserted Federal and New York State claims against GEICO, alleging that the company had retaliated against him by terminating his …
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Grill, Biscone & Tare Victorious in Appeal
February 27, 2014 | Appeals
David M. Grill, Joshua Tare and Merril Biscone successfully appealed a lower court decision that denied a landlord summary judgment in a summary holdover proceeding and, in overturning the lower court decision, the Appellate Term granted the landlord a judgment of possession.  In Extell Belnord LLC v. Eldridge, 2014 NY Slip OP 50258(U), (App. Term, …
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Cheryl Korman and Merril Biscone Victorious in a Appellate Division, First Department Decision
June 27, 2013 | Insurance Coverage | Appeals
Chery Korman and Merril Biscone, a partner and Of Counsel, respectively, in the firm’s Litigation & Appeals Practice Group, were victorious in an  Appellate Division, First Department decision entitled, Scarlino, et al., v. Fathi, et al.  This matter involved the on-going internal controversy surrounding a local union and the political rivalry between its members. Specifically at …
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Merril Biscone Recipient of “Women of Distinction” Award
August 11, 2012 | Appeals | Insurance Coverage
UNIONDALE, NY ? Merril Schapiro Biscone, Of Counsel to Rivkin Radler, has been selected as a recipient of the 17th Assembly District’s “Women of Distinction” Award for 2012.  This award pays tribute to the extraordinary efforts made by women who make their community a safer, better place to live. As a member of the firm’s …
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