Recent News - Commercial Litigation

Queenan Attends Annual Capital Holiday Lights in the Park Fundraiser
November 20, 2017
On Friday November 17, 2017, John Queenan, a board member of the Albany Police Athletic League League (PAL), attended the opening night of Capital Holiday Lights in the Park on Washington Park, the border of which Rivkin Radler’s Albany office sits. The opening night is a sponsor only attendance night and marks the official start …
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Krinick, Savino and Mascia Honored With Leadership In Law Awards From LIBN
November 17, 2017
NEW YORK – – Nov. 16, 2017 – Rivkin Radler is proud to announce that William M. Savino, Evan H. Krinick and Henry M. Mascia have each received a Leadership in Law award from Long Island Business News in the categories of Lifetime Achievement, Partner and Associate, respectfully. The awards recognize individuals who demonstrate dedication, …
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Queenan Presents at Albany Law School’s Recent Graduate CLE Program
November 17, 2017
On November 17, John Queenan presented at Albany Law School’s “Recent Graduate CLE Program” held on the law school campus. John presented on the topics of  “Factual Investigation Through Witness Interviews” and “Selection and Interviews of Experts”.  Sponsored by the National Alumni Association (NAA) of Albany Law School , the CLE program provides 16 free CLE …
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Jones, Monteleone, LaPorta and Korman Defeat Appellate Motion for Stay of Summary Judgment Award for Directors & Officers Insurer Pending Appeal of Same
November 14, 2017 | Michael J. Jones | Cheryl F. Korman | Joseph Monteleone | Anthony J. LaPorta | Insurance Coverage | Commercial Litigation | Appeals
Michael Jones, Joseph Monteleone, Anthony La Porta and Cheryl Korman defeated an insured’s efforts to obtain a stay of an award of summary judgment in favor of our client. Michael successfully argued to the trial judge that the former CEO of a defunct online video management company is not entitled to $5 million in insurance …
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Mascia Quoted in Newsday
November 13, 2017 | Corporate
Henry Mascia was interviewed by Newsday regarding increased scrutiny that will be placed on immigration enforcement in the New Year. Mascia advises employers to review their procedures for verifying the work authorization of prospective or new employees. They should also know when existing employees’ work authorizations will expire, and have a system to notify the proper …
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Krinick Published in Insurance Coverage Law Report
October 30, 2017 | Insurance Coverage
Evan Krinick’s article, “Diverse Legal Issues Can Arise in Insurance Fraud Prosecutions,” which first appeared in the New York Law Journal, was published in the fall 2017 issue of FC&S Legal’s Insurance Coverage Law Report. To read the article, click here. …
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Rivkin Radler Presents Panel Program, “Defending a False Claims Act Allegation”
October 24, 2017 | Compliance Investigations & White Collar
On Thursday, November 16, Rivkin Radler will present a panel program entitled, Defending an FCA Allegation: Forewarned Is Forearmed. Moderated by Brian Bank, the panel will deconstruct real, unsealed False Claims Act cases. Panelists include Rivkin Radler partners Robert Iseman and Geoffrey Kaiser, Paul Kaufman of Northwell Health and BDO’s Patrick Pilch. CLE credits are available. …
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Queenan and Bernstein Present at Employment First Conference in Albany
October 18, 2017 | Employment & Labor
John Queenan and Dan Bernstein presented on the topic “Disability in the Workplace: Protections under Federal and State Law” at the Employment First conference hosted by Our Ability and New York Business Leadership Network on Wednesday, October 18, 2017 in Albany.  Our Ability is the only disability owned and operated business dedicated to building employment …
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Grill, Honig, and Schieber Prevail after Framed Issue Hearing
October 9, 2017 | Construction | Commercial Litigation
David M. Grill, Jeremy Honig and Evan Schieber successfully defeated defendant’s motion to compel arbitration of their client’s breach of contract action following a framed issue hearing in Supreme Court, Westchester County. The action was commenced to recover the client’s deposit, which the defendant refused to return following the client’s attempt to cancel purchase orders …
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Glambosky, Honig and Bholan Obtain Dismissal of Complaint Against Client
October 9, 2017 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
Erez Glambosky, Jeremy Honig and Michelle Bholan prevailed in obtaining dismissal of a complaint filed by a former employee of our client alleging that she was unlawfully terminated. After voluntarily discontinuing an identical prior action against our client with prejudice pursuant to a Stipulation of Discontinuance, counsel for the former employee commenced a new action …
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Del Pizzo Presents at ABA Conference in Los Angeles
October 3, 2017 | Intellectual Property | Commercial Litigation | Privacy, Data & Cyber Law
On September 28, Nancy Del Pizzo presented at the American Bar Association Litigation Section’s workshop, “Maximizing Expert Witnesses: Best Strategies and Practices for Selecting, Using, Challenging and Defending Expert Witnesses.” Approximately 30 people attended the workshop, which was hosted by Munger, Tolles & Olson LLP in Los Angeles. Del Pizzo’s panel presented on the topic: …
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17 Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 29, 2017 | Insurance Fraud | Insurance Coverage | Health Services | Employment & Labor | Construction | Commercial Litigation | Trusts & Estates
Uniondale, New York – October 2, 2017 – The prestigious Best Lawyers in America® has included Rivkin Radler LLP in its U.S. rankings for 2018.  Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows: Albany, …
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Rivkin Radler Attorneys Named As 2017 New York Metro Super Lawyers
September 19, 2017
Rivkin Radler LLP is pleased to announce that 20 attorneys were named to the 2017 New York Metro Super Lawyers List and 10 attorneys were named New York Metro Rising Stars. *Brian Bank – Business Litigation Todd M. Belous – Professional Liability: Defense *Michelle Bholan – Business Litigation Jonathan B. Bruno – Professional Liability:  Defense …
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Rivkin Radler Welcomes Three New Associates
September 19, 2017 | Catalina E. De La Hoz | Anthony J. DiChiara | Benjamin J. Frenkel | Insurance Fraud | Commercial Litigation | Trusts & Estates
Evan H. Krinick has announced that Catalina De La Hoz, Anthony DiChiara and Benjamin Frenkel have joined the firm as Associates. Catalina De La Hoz, of Queens Village, is a member of the firm’s Commercial Liability Practice Group.  Prior to joining the firm, Catalina was a senior court attorney at the New York State Court …
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Rivkin Radler Welcomes Kori M. Clanton
September 18, 2017 | Kori M. Clanton | Intellectual Property | Insurance Fraud | Commercial Litigation
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Kori Clanton has joined the firm as an Associate. Kori M. Clanton is a member of the firm’s Commercial Litigation, Insurance Fraud and Intellectual Property Practice Groups, resident in the Hackensack, NJ office.  Kori enjoys a diverse practice representing corporate clients in both …
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Del Pizzo Appointed to 2nd Term on State Ethics Committee
August 30, 2017 | Intellectual Property | Commercial Litigation | Privacy, Data & Cyber Law
The New Jersey Supreme Court has appointed Nancy A. Del Pizzo to a second four-year term as a member of one of New Jersey’s District Ethics Committees. For this term, commencing September 1, 2017, she has been appointed to serve on the District Ethics Committee for Bergen County North. She previously was appointed and served …
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Kang Appointed to Ethics Committee
August 30, 2017 | Intellectual Property | Insurance Fraud | Commercial Litigation
Gene Kang has been appointed by the Supreme Court of New Jersey to the District Ethics Committee for Bergen County South. The appointment is for a four-year term that commences September 1, 2017 and ends August 31, 2021. …
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Miller, Del Pizzo, Gabay and Kang Secure Summary Judgment on All Claims
August 24, 2017 | Commercial Litigation
Greg Miller, Nancy Del Pizzo, Jenna Gabay and Gene Kang secured summary judgment dismissing the entire complaint against our client, a distributor of pharmaceutical products. Plaintiff had sought damages in excess of $4 million. Moreover, the New Jersey team overcame plaintiffs’ motion for summary judgment on the client’s counterclaims, entitling our clients to pursue its …
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Del Pizzo to Present at ABA Workshop
August 24, 2017 | Intellectual Property | Commercial Litigation | Privacy, Data & Cyber Law
On September 28, Nancy Del Pizzo will present at the American Bar Association Section of Litigation’s workshop, “Maximizing Expert Witnesses: Best Strategies and Practices for Selecting, Using, Challenging, and Defending Expert Witnesses.” Nancy will participate on a panel entitled, “Enter the Experts: Tips and Tools for Identifying Effective Expert Witness.” For information about the workshop, …
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Mulè Victorious at Arbitration
August 22, 2017 | Commercial Litigation
Michael Mulè prevailed in securing an award on behalf of our corporate client, an aircraft management company, against a private-jet owner based on breach of the parties’ agreement. Specifically, the firm’s client entered into a contract to manage a Gulfstream IV aircraft. The client incurred over a million dollars managing the aircraft, including payment of …
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Bank Appointed ABA Committee Chair
August 16, 2017 | Compliance Investigations & White Collar | Employment & Labor | Commercial Litigation
Brian Bank has been appointed Chair of the Employment and Labor Litigation Committee of the American Bar Association’s Tort Trial and Insurance Practice Section. …
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Grill and Schieber Achieve Major Victory on Behalf of Building Owner
August 9, 2017 | David M. Grill | Evan R. Schieber | Commercial Litigation | Construction
David M. Grill and Evan Schieber achieved a major victory on behalf of a building owner and a surety in a litigation involving a mechanic’s lien filed by a contractor against a building owned by our client. The litigation, entitled EZ Runer Construction v Blue Nirvana, LLC, Supreme Court, New York County, Index No. 161915/2015 …
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Levy, Bank, & Smith Obtain Dismissal of Civil RICO/Antitrust Lawsuit Against Warren Buffett, Berkshire Hathaway, and GEICO
July 7, 2017 | Barry I. Levy | Joshua D. Smith | Brian L. Bank | Commercial Litigation
Barry Levy, Brian Bank, and Joshua Smith obtained a dismissal of a federal lawsuit brought under the RICO Act and federal anti-trust laws against the firm’s clients, Warren Buffett, Berkshire Hathaway, and GEICO. The Plaintiff, a formerly licensed New Jersey physician, alleged a vast conspiracy by the Defendants – including New Jersey Governor Chris Christie …
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Honig Elected to Board
July 6, 2017 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
Jeremy Honig was elected to serve a three-year term on the Board of Directors of Habitat for Humanity in Nassau County. Founded in Americus, Georgia, in 1976, Habitat for Humanity has helped build, renovate and repair more than 1 million homes for more than 5 million people around the world. …
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Krinick Published in Law Journal Newsletters
July 6, 2017 | Insurance Coverage | Commercial Litigation | Appeals
This month, Evan Krinick’s article, “Preet Bharara Highlighted Insurance Fraud,” originally published in the New York Law Journal, was published in Law Journal Newsletters. The New York Law Journal and Law Journal Newsletters are publications of ALM. To read the article, Click Here. …
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Krinick and Gurdus Obtain Summary Judgment On Behalf of Hartford
June 20, 2017 | Evan H. Krinick | Jason B. Gurdus | Commercial Litigation
Evan Krinick and Jason Gurdus obtained summary judgment for client, Hartford Accident and Indemnity Co., in a declaratory judgment action in New York State Supreme Court, Suffolk County.  Plaintiffs, which included municipalities and a contractor, sought coverage from Hartford for several underlying lawsuits involving damage to roadways, water mains and related facilities resulting from construction work …
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Del Pizzo Reappointed Co-Chair of the New Jersey State Bar Association’s Intellectual Property Committee
June 13, 2017 | Intellectual Property | Commercial Litigation | Privacy, Data & Cyber Law
Nancy A. Del Pizzo has been reappointed, by incoming Bar President, Robert Hille, as Co-Chair of the New Jersey State Bar Association’s Intellectual Property Committee for 2017-2018. The New Jersey State Bar Association serves, protects, fosters, and promotes the personal and professional interests of its members. It serves as the voice of New Jersey attorneys …
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New Jersey Appellate Division’s Recent Decision On The Net Opinion Rule
June 13, 2017 | Insurance Coverage | Commercial Litigation | Professional Liability
The New Jersey Appellate Division, in Satec, Inc. v. The Hanover Insurance Group, Inc., Docket No. A-5103-14T4 (App. Div. June 7, 2017) (approved for publication), addressed New Jersey’s net opinion rule in the context of an insurance broker malpractice claim.  Satec, a distributor of electricity measurement meters, filed suit against its insurance broker (and others) …
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Glambosky, Honig and Gold Obtain Summary Judgment for NYC Owner/Landlord
June 8, 2017 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
Erez Glambosky, Jeremy Honig and Dana Gold obtained summary judgment for their client, a New York City owner/landlord, in a commercial non-payment proceeding in Manhattan.  Following complex motion practice over the course of several months, Glambosky, Honig and Gold successfully obtained a conditional judgment of possession in favor of the owner and a money judgment …
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Holahan Obtains Emergent Stay
May 4, 2017 | Commercial Litigation
On April 28, Frank Holahan was successful in obtaining from the New Jersey Supreme Court an emergent stay of a commercial mortgage foreclosure sale, scheduled to be conducted on May 4, of a developer-client’s Union City, New Jersey, property. The emergent stay followed the trial court’s and the Appellate Division’s denials of the emergent stay …
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Holahan Presents on Restrictive Covenants and Non-Compete Agreements
April 26, 2017 | Commercial Litigation
On April 24, 2017, Frank Holahan presented as a panelist for a webinar titled, “Restrictive Covenants and Non-Compete Agreements: 2017 Updates.”  Attendees included numerous general counsel and practicing attorneys. The webinar was sponsored by The Knowledge Group, LLC, Jersey City, New Jersey. …
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Holahan Achieves Dismissal
April 14, 2017 | Commercial Litigation
Frank Holahan successfully achieved dismissal of an action in the District of New Jersey against the estate of a deceased attorney and obtained an order to compel arbitration before the American Arbitration Association.  Plaintiff had argued that the arbitration clause in the parties’ retainer agreement is void as unconscionable, but the Court upheld a right …
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Mascia presents at program at the Westchester Women’s Bar Association
April 11, 2017 | Corporate | Commercial Litigation | Appeals
Henry Mascia will be a presenter at the Westchester Women’s Bar Association program entitled, “Immigration Law for the General Practitioner.” Program Description: As globalization continues to change the practice of law, WWBA attorneys increasingly find the immigration status of individuals creates challenges for their practice.  To equip practitioners to meet these challenges, this CLE will …
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Sirignano presents at Medical Fraud Seminar
April 10, 2017 | Insurance Fraud | Commercial Litigation
Michael A. Sirignano will be a presenter at a medical fraud seminar sponsored by the National Insurance Crime Bureau, the NYS Inspector General’s Office and the NY Anti-Car & Fraud Association.  The program will be held in Plainview, NY on April 13, 2017. …
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Ade Joins the Prestigious CLM
April 6, 2017 | Insurance Coverage | Complex Torts & Product Liability | Commercial Litigation
Brian Ade has been invited to join the CLM, a nonpartisan alliance comprised of thousands of insurance companies, corporations, corporate counsel, litigation and risk managers, claims professionals and attorneys. Through education and collaboration, the organization’s goals are to create a common interest in the representation by firms of companies, and to promote and further the highest …
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Grill & Schieber Obtain Victory for Major Developer
April 4, 2017 | Commercial Litigation
David M. Grill and Evan Schieber obtained a significant and complete victory for a major developer in a high profile dispute over a mixed use building located in NOHO New York.  The developer sold the building to the defendant and, as part of the deal, retained a lifetime interest to the entire third floor of …
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Savino in LIBN ‘State of the Law’ Roundtable
April 3, 2017 | Commercial Litigation
William M. Savino participated in a “State of the Law” Roundtable Discussion, as part of the monthly Thought Leadership Series organized by the Long Island Business News. The discussion focused on retaining top legal talent and modernizing the New York Commercial Division rules in terms of cost, speed and dignity of justice in an effort …
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Novikoff and Hardy Obtain Order Disqualifying Attorney and Vacating Restraining Notice
April 3, 2017 | Commercial Litigation
Kenneth A. Novikoff and Tamika N. Hardy obtained an order on behalf of clients, the Halperts, who are judgment-debtors, disqualifying their former lawyer from representing the judgment-creditor in a judgment enforcement action as well as vacating a wrongfully-issued restraining notice against the Halperts’ daughter’s bank account.  The judgment debtors and the judgment creditor were previously …
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Queenan and Hahn Obtain Summary Judgment Dismissal
February 28, 2017 | Commercial Litigation
John F. Queenan and Penny Hahn obtained a summary judgment dismissal in a commercial litigation matter. The case was commenced by a contractor whose multimillion-dollar bid for construction and replacement of a village wastewater/sewage system was denied after our client, a national engineering firm, found that the contractor was not a “responsible bidder” under the …
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Mascia and Tare Victorious at Appellate Term, Second Department
February 21, 2017 | Commercial Litigation
Henry Mascia and Joshua Tare obtained a significant victory at the Appellate Term, which determined that the apartment owned by the firm’s client was exempt from the Rent Stabilization Code.  Mascia and Tare convinced the Appellate Term that the apartment was not subject to the Rent Stabilization Code because the building had been “substantially rehabilitated” …
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Jenna Gabay Joins Rivkin Radler
February 13, 2017 | Commercial Litigation
Uniondale, New York – January 2017 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Jenna Gabay has joined the firm as an associate in the Commercial Litigation Practice Group, resident in the New Jersey office. Jenna Gabay, of Cresskill, NJ represents pharmaceutical and other corporate clients in both federal and …
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Grover and Versichelli Win Dismissal of Plaintiff’s Bad Faith Claim
February 2, 2017 | Commercial Litigation | Insurance Coverage
Keith Grover and Michael Versichelli won dismissal of two causes of action against our client, State Farm, in a lawsuit for underinsured motorist benefits.  The Supreme Court granted State Farm’s pre-answer motion and dismissed plaintiffs’ second and third causes of action, for bad faith and breach of State Farm’s “absolute duties and obligations,” respectively.  The court …
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Novikoff Receives Defense Verdict In Reverse Race Discrimination Trial
January 31, 2017 | Commercial Litigation | Employment & Labor
After a one week trial before the Honorable Leonard D. Wexler of the United States District Court for the Eastern District of New York, Ken Novikoff, representing the former Mayor of the Village of Freeport Andrew Hardwick, received a jury verdict in favor of Mayor Hardwick and the Village of Freeport in a reverse race …
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Bendix Obtains Dismissal of Personal Injury Lawsuit
January 30, 2017 | Commercial Litigation
Bruce Bendix obtained summary judgment dismissing the complaint against our client, The Rockland Boulders, a minor league baseball team, in an action where plaintiff was injured when he was struck by a foul ball.  Plaintiff claimed that the netting behind home plate did not sufficiently protect spectators.  We contended that pursuant to the stadium lease …
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Glambosky and D’Amaro Close on Purchase of Commercial Property
December 17, 2016 | Commercial Litigation | Real Estate, Zoning & Land Use
Erez Glambosky and Louis D’Amaro, as part of a 1031 exchange, closed on the purchase of a commercial property located in New Castle, Pennsylvania, subject to a Walgreens drug store lease.  The Walgreens location was the 1031 exchange “replacement property” and was purchased for nearly $7 million, with $2.7 million in mortgage financing.  In January …
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Spero, Gordon, and Glambosky Defeat Objection and Obtain Dismissal
December 2, 2016 | Construction | Commercial Litigation | Bankruptcy
Matt Spero, Stu Gordon, and Erez Glambosky represented a landlord in connection with the bankruptcy of the principal of two of the landlord’s tenants.  The principal had previously executed a “good guy guaranty,” and was seeking to object to the landlord’s claim for rent arrears.  We were successful in convincing the Bankruptcy Court to overrule …
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Bank Named to LIBN’s 40 Under 40
November 16, 2016 | Employment & Labor | Commercial Litigation | Compliance Investigations & White Collar
Rivkin Radler Partner, Brian L. Bank, has been named to Long Island Business News’ 40 Under 40 list. Since 1998, Long Island Business News has been honoring future leaders of Long Island under 40 years old who have already begun to distinguish themselves in business, government, education and the not-for-profit sector. Brian was selected because of …
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Riverso Co-Moderator at NCBA’s Joint ADR, Construction & Commercial Litigation Committees Meeting
November 14, 2016 | Construction | Commercial Litigation
On November 17, Pia Riverso will be a co-moderator at a lunch CLE sponsored by the ADR and Construction Committees for the Nassau County Bar’s Association. The program is entitled, “Anatomy of a Large Construction Mediation:  Lessons Learned from the Archstone Case, and features important discussions on construction mediation including blind mediation techniques, dealing with many …
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Grill and Tare Victorious at the DHCR – Tenants’ Petition for Administrative Review Denied in its Entirety
November 14, 2016 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
Tenants filed a Petition for Administrative Review (“PAR”) at The New York State Division of Housing and Community Renewal (“DHCR”) seeking to overturn a Rent Administrator’s decision that found, among other things, the following: a) that the landlord did not engage in a fraudulent scheme to deregulate the apartment; b) the base date rent was reliable; …
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Levy and Tiscione speak at Liberty Mutual’s Insurance Fraud Week
October 31, 2016 | Insurance Fraud | Employment & Labor | Commercial Litigation
Barry Levy and Frank Tiscione spoke at Liberty’s Mutual’s insurance fraud week.  They discussed the epidemic of New York patients being shuttled to New Jersey, the impact of EUOs; kickback and runner schemes; and a variety of testing protocols being used such as MUAs, surgeries, and diagnostic tests. …
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