Recent News - Employment & Labor


Diviney Quoted in Human Resource Executive Online
November 6, 2017 | Employment & Labor
John Diviney was interviewed for an article in Human Resource Executive Online about a recent Equal Employment Opportunity Commission civil suit in Louisiana that alleges an employee was terminated illegally after seeking help for “situational depression” through his company’s employee assistance program. To read the article, click here. …
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Robertelli Obtains Summary Judgment
November 1, 2017 | General Liability
In a series of consolidated matters involving multiple parties and coverage issues with regard to a multi-vehicle collision, John Robertelli secured summary judgment on behalf of the State Farm Insured. The motion was granted by The Honorable Randal C. Chiocca J.S.C. in Passaic County, New Jersey. Alex Pappas assisted by taking the deposition of the …
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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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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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Bank Appointed ABA Committee Chair
August 16, 2017 | Compliance Investigations & White Collar | Commercial Litigation | Employment & Labor
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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Bank Moderates Panel at ABA’s Annual Meeting
August 11, 2017 | Brian L. Bank | Employment & Labor
Brian Bank moderated an American Bar Association CLE panel entitled, “Forecasting How the New Administration Will Impact Labor and Employment Law.” The program asked a panel of diverse labor and employment lawyers to analyze the new administration’s first 100 days in office and to forecast, based on that analysis, labor and employment law trends that …
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Novikoff Secures Second Circuit Affirmance of Summary Judgment for the Archdiocese of New York
July 17, 2017 | Employment & Labor
In a case of first impression, Ken Novikoff, working with the Beckett Fund for Religious Liberty, secured summary judgement on behalf of our client, the Roman Catholic Archdiocese of New York. The U.S. Court of Appeals for the Second Circuit unanimously ruled that although a former principal of a parochial school within the Archdiocese did …
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Levy, Bank, & Bholan Obtain Summary Judgment Dismissing All Claims Against Client
July 11, 2017 | Employment & Labor
Barry Levy, Brian Bank, and Michelle Bholan obtained summary judgment dismissing all claims asserted by local union officers against AFSCME International in an action brought in the Southern District of New York.  The action challenged AFSCME International’s imposition of an administratorship over the local union. The court, in granting the motion in its entirety, adopted …
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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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Bruno to present at New York City Bar
January 19, 2017 | Employment & Labor | Directors & Officers Liability | Professional Liability
On January 27, Jonathan Bruno will present, “Legal Malpractice Basics & Risk Management” at the New York City Bar program entitled, “16-Hour Bridge-The-Gap:  Corporate & Litigation. Earn all of your annual New York MCLE credits while obtaining crucial knowledge on a variety of areas. This Bridge-the-Gap program fulfills a full year’s credit requirements for those …
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Bruno and Monteleone Host a Lunch ‘n Learn
January 17, 2017 | Professional Liability | Directors & Officers Liability | Employment & Labor
Jonathan Bruno and Joseph Monteleone hosted a lunch ‘n learn presentation for client, YorkPro, Inc., at their offices.  They discussed various topics, including insureds’ rights to independent counsel in key jurisdictions, frequent areas of coverage disputes under professional liability policies and the impact of professional services exclusions in Commercial General Liability (“CGL”) policies. …
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Bank Named to LIBN’s 40 Under 40
November 16, 2016 | Compliance Investigations & White Collar | Commercial Litigation | Employment & Labor
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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Bruno Quoted in Tax Analysts.org article entitled, “Trump Return Leak Shines Light on Tax Disclosure Laws”
November 14, 2016 | Professional Liability | Directors & Officers Liability | Employment & Labor
Jonathan Bruno was quoted in an article entitled, “Trump Return Leak Shines Light on Tax Disclosure Laws,” published by Tax Analysts.org. Click here to read the article. …
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Levy and Tiscione speak at Liberty Mutual’s Insurance Fraud Week
October 31, 2016 | Commercial Litigation | Employment & Labor | Insurance Fraud
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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Rivkin Radler Welcomes 4 New Associates
October 26, 2016 | Employment & Labor | General Liability
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Brian L. Feld, Daniel E. Furshpan, Janine Peress and Johanna Sanchez have joined the firm as Associates. Brian L. Feld is a member of the firm’s General Liability Practice Group. He represents clients in construction/labor law, premises liability, property damage, personal injury, and …
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Election 2016: Employment Policies & Workplace Benefits Will Change. Is Your Business Ready?
September 27, 2016 | Employment & Labor | Corporate
Rivkin Radler, Chernoff Diamond and NYIT School of Management will present a program entitled, “Election 2016:  Employment Policies & Workplace Benefits Will Change.  Is Your Business Ready?”  The program will be held on October 20, 2016 at NYIT Auditorium on Broadway, 1871 Broadway, New York City from 8:30-11:00 a.m.  Complimentary breakfast will be served at …
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Red or Blue: What the Presidential Election Could Mean for Developing Employment and Labor Law Issues
September 21, 2016 | Employment & Labor
Scott Green’s and Greg Mann’s article entitled, “Red or Blue: What the Presidential Election Could Mean for Developing Employment and Labor Law Issues,” was published in the Fall/Winter 2016 issue of USLAW Magazine. To read the complete article, Click Here. …
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Green quoted in Newsday
September 12, 2016 | Employment & Labor
Scott Green was quoted in today’s Newsday article entitled, “Handling OT, Use of Mobiles After Work.” The Labor Department does not specifically address the use of mobile devices in regard to overtime and non-exempt employees explains Scott.  “It’s definitely a gray area, and not on the radar of a lot of people yet.”  “There’s so …
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Green quoted in Long Island Business News
September 9, 2016 | Employment & Labor
Scott Green has been quoted in the a Long Island Business News article entitled, “Not Taking Leave – Despite growth in paternity benefits, many men are leaving them on the table.” “Paternity leave is an uphill battle conceptually, said Scott.  “It’s out there but there is still a social stigma.  I think it’s going to …
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8 Rivkin Radler Attorneys Listed in Best Lawyers® 2017 – List Recognizes Lawyers in Uniondale and Hackensack Offices
August 15, 2016 | Trusts & Estates | Employment & Labor | Health Services | Insurance Coverage | Insurance Fraud
Uniondale, New York – Aug. 15, 2016 – The prestigious Best Lawyers in America® has included Rivkin Radler LLP in its U.S. rankings. The lawyers listed, and the categories of law in which they are listed, are as follows: Brian R. Ade, partner – Insurance Law John L. Rivkin, partner – Insurance Law Christopher J. …
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Novikoff and Mann Secure Preliminary Injunction
July 19, 2016 | Employment & Labor | Commercial Litigation
Ken Novikoff and Greg Mann secured for the Firm’s client, Neurological Surgery, P.C., (“NSPC”), a preliminary injunction restraining one of their former neurosurgeons from violating his non-competition obligations. Judge Timothy S. Driscoll of the Supreme Court, Nassau County, ruled in Neurological Surgery, P.C. v. Benjamin R. Cohen, M.D., Index No. 601017-16, that Dr. Cohen’s inability …
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Bruno and Goldberg obtain pre-answer dismissal
July 14, 2016 | Professional Liability | Directors & Officers Liability | Employment & Labor
Jon Bruno and Seth Goldberg were successful in obtaining a pre-answer dismissal of plaintiffs’ complaint, which alleged multiple claims including legal malpractice and fraud, in the Supreme Court, New York County.  The court concluded that the documentary evidence they submitted conclusively refuted plaintiffs’ allegations as a matter of law and dismissed the complaint with prejudice.  …
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Novikoff and Mann Secure Summary Judgment and $250,000 Damage Award After Trial
June 16, 2016 | Commercial Litigation | Employment & Labor
Ken Novikoff and Greg Mann secured summary judgment on liability and an award of over $250,000, on behalf of our client, R&G Brenner Income Tax Consultants, in an action filed in the Commercial Division Part of Nassau County, Supreme Court.  R&G Brenner established as a matter of law that Defendant, a former tax preparer,  breached …
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Green Quoted in Newsday Article
June 14, 2016 | Employment & Labor
Scott Green was quoted in a recent Newsday article entitled, “Paying summer interns can benefit you and them.” Scott comments on the employment law considerations that need to be made when hiring interns. To read the full article, Click Here. …
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Novikoff Secures Dismissal of Federal Fair Debt Claim Against Law Firm Client
June 9, 2016 | Commercial Litigation | Employment & Labor
Ken Novikoff successfully moved to dismiss the Fair Debt Collection Practices Act (FDCPA) claim by Plaintiff, a judgment debtor, against a prominent NYC landlord/tenant law firm who commenced litigation on behalf of its judgment creditor client to collect monies from a restrained bank account.  In a case of first impression within the Second Circuit, Judge …
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Green quoted in Law360 article entitled, “Attorneys React To DOL’s Final Overtime Exemption Rule”
May 19, 2016 | Employment & Labor
Scott Green, a partner in the Firm’s Employment & Labor Practice Group, was quoted in a Law360 article entitled, “Attorneys React To DOL’s Final Overtime Exemption Rule.  The U.S. Labor Department issued the final version of the overtime exemption rule raising the minimum salary threshold to qualify for the Fair Labor Standards Act’s white collar …
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Conneely and Savino publish article for The Suffolk Lawyer
April 22, 2016 | Insurance Coverage | Employment & Labor
Brian S. Conneely and William M. Savino published an article for The Suffolk Lawyer entitled, “Suffolk Courts Validate School Districts’ Use of RFPs for School Bus Contracts.” Click here to read article. …
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Rivkin Radler Welcomes Four New Attorneys
April 21, 2016 | Corporate | Insurance Fraud | Professional Liability | Real Estate, Zoning & Land Use | Directors & Officers Liability | Employment & Labor
Uniondale, New York – April 2016 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that  Kate Heptig, Steven Henesy, Marie Landsman, and Anna Mandel have joined the firm. Kate Heptig, of Rockville Centre, NY has joined the firm’s Corporate practice group as a Partner.  Kate counsels clients in transactional practice areas, …
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DiGennaro, Green and Lewis to Speak at the 2016 Claims & Litigation Management Alliance Conference
April 7, 2016 | Privacy, Data & Cyber Law | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability | Employment & Labor
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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Novikoff and Siegel Obtain Summary Judgment for the Roman Catholic Archdiocese of New York in Case of First Impression in the United States
March 30, 2016 | Employment & Labor
Ken Novikoff and Jacqui Siegel secured summary judgment on behalf of our client, the Roman Catholic Archdiocese of New York, in a case of first impression in the United States. Plaintiff, a “lay” Principal of one of the Archdiocese’s parochial schools, asserted a Title VII employment discrimination claim against the Archdiocese, the local church and …
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Levy, Green & Mann Secure Dismissal for GEICO
March 24, 2016 | Employment & Labor
Barry Levy, Scott Green, and Greg Mann secured a pre-answer dismissal of an Americans with Disabilities Act action filed against GEICO by an automobile insurance policyholder.   In Kropp v. GEICO- Government Employees Insurance Company et al ., United States District Court Judge Paul Gardephe concluded that GEICO’s denial of Plaintiff’s lost earnings claim on the …
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Green Publishes White Paper for Euclid Specialty
March 22, 2016 | Employment & Labor
Scott R. Green, a Partner in the Firm’s Employment & Labor Practice Group, has published a White Paper for Euclid Specialty entitled, “The Duty of Fair Representation: Understanding the Obligation and Preventing the Claim.” Click Here for the full article. …
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Siegel profiled in Long Island Business News’ Who’s Who
March 11, 2016 | Employment & Labor
Jacqueline Siegel was profiled in the March 3, 2016 issue of the Long Island Business News’ Who’s Who in Employment & Labor Law. Click here to read the column. …
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Barrella v. Village of Freeport
February 16, 2016 | Commercial Litigation | Employment & Labor
Ken Novikoff, on behalf of the former Mayor of the Village of Freeport, successfully argued in Barrella v. Village of Freeport before the United States Court of Appeals for the Second Circuit, that the jury’s verdict in favor of Plaintiff after a month-long race discrimination trial and five days of deliberation should be vacated. The …
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Bruno to Present at New York City Bar Association program entitled, “Bridge the Gap: Corporate & Litigation CLE”
January 14, 2016 | Professional Liability | Directors & Officers Liability | Employment & Labor
Jonathan Bruno will be a speaker at day one of the upcoming 16-Hour Bridge The Gap: Corporate & Litigation CLE program at the New York City Bar Association on January 29, 2016. This two day program will fulfill a full year’s credit requirements for those who are newly admitted, while providing invaluable information and credits …
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Green on Panel at New York State Bar Association program entitled, “Bridging the Gap”
January 11, 2016 | Employment & Labor
Scott Green, a Partner in the Firm’s Employment & Labor Practice Group, will be a panelist on day two at the New York State Bar Association – Young Lawyer’s Section program entitled, “Bridging the Gap.”  This uniquely designed two-day program offers a total of 16.5 MCLE credits and is intended to equip newly-admitted attorneys and recent law school graduates with …
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Bruno to Present at New York City Bar Association
December 24, 2015 | Professional Liability | Directors & Officers Liability | Employment & Labor
Jonathan Bruno will be a speaker at the upcoming 16-Hour Bridge The Gap: Corporate & Litigation CLE program at the New York City Bar Association on January 29, 2016. This two day program will fulfill a full year’s credit requirements for those who are newly admitted, while providing invaluable information and credits for more experienced attorneys. …
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Rivkin Radler attorneys present at Greater New York Healthcare Facilities Association
November 11, 2015 | Compliance Investigations & White Collar | Employment & Labor | Health Services
Michael Balboni, Benjamin Malerba, Chris Kutner, Geoffrey Kaiser, John Diviney, and Reema Sultan present at a Greater New York Healthcare Facilities Association (GNYHCFA) seminar entitled “Nursing Home Compliance Updates: HIPAA and Corporate Responsibilities. …
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Rivkin Radler Welcomes New Attorneys
October 31, 2015 | Professional Liability | Directors & Officers Liability | Employment & Labor
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Jonathan B. Bruno and Deborah Isaacson have joined the firm as a Partner and Associate, respectively.  Jon and Deborah will practice in the firm’s Directors & Officers Liability, Employment & Labor and Professional Liability Practice Groups. “We are excited to have Jon and …
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Keep the DOL from Knocking at Your Door
September 25, 2015 | Employment & Labor
A recent Supreme Court ruling Tibble v. Edison has completely changed the landscape for employers, plan sponsors, fiduciaries and employees.  This ruling has expanded the rights of employees to sue their employers and plan sponsors for failing to act prudently in the monitoring of their 401(k) plans.  All employers have some level of fiduciary responsibility and …
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Rivkin Radler Attorneys Named as Bergen’s Top Lawyers
May 31, 2015 | Professional Liability | Employment & Labor | Insurance Coverage
201 Magazine has released its annual Bergen’s Top Lawyers peer-review survey and three Rivkin Radler attorneys have made the list. Brian Ade was named a Top Lawyer for Insurance Practice; John Robertelli was named a Top Lawyer for Labor & Employment Practice and Alexander Pappas was named a Top Lawyer for Professional Liability Practice. Each …
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Scott Green featured in the Long Island Business News’ Who’s Who on Labor & Employment
March 2, 2015 | Employment & Labor
Partner Scott Green was featured in the Long Island Business News’ Who’s Who on Labor & Employment.  Please click the link below to view the Column. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Column …
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Robertelli Victorious on Appeal
January 8, 2015 | Appeals | Employment & Labor | Insurance Coverage | Professional Liability
John Robertelli successfully vacated a 10 million dollar verdict in the case of Youn Wha Jung v. Village of Ridgewood. The remaining claims will be sent for retrial. …
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Rivkin Radler Elects Four New Partners
January 1, 2015 | Health Services | Appeals | Complex Torts & Product Liability | Employment & Labor
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Jacqueline Mecchella Bushwack, Justin Calabrese, Scott Green and Geoffrey Kaiser have been elected Partners. “These attorneys are exceptionally talented and we are proud to call them our partners.  In addition to their impressive legal accomplishments, they are active members of the …
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Rivkin Team Victorious In The Second Circuit Court of Appeals
November 25, 2014 | Appeals | Employment & Labor
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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Gershenoff presents at Commercial Lawyers Conference
November 4, 2014 | Appeals | Employment & Labor
Max Gershenoff, a partner in the firm’s Litigation and Appeals group, will present at the Commercial Lawyers Conference of New York Annual Dinner on December 4, 2014. Mr. Gershenoff will discuss the impact of Berman v. City of New York, E.D.N.Y. Docket No. 09-cv-3017 on attorneys who represent commercial debt collectors in New York. …
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Hardy defeats motion for summary judgment
September 11, 2014 | Appeals | Employment & Labor
Tamika Hardy successfully defeated a CPLR 3213 motion for summary judgment in the Supreme Court, Nassau County on behalf of client Dominick Golia, M.D. in an action wherein the plaintiff, George Hyman, M.D., another doctor, attempted collect on a guarantee executed by Dr. Golia in connection with his purchase of Dr. Hyman’s medical practice.  The …
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Novikoff and Hardy obtain pre-answer dismissal
August 28, 2014 | Appeals | Employment & Labor
Ken Novikoff and Tamika Hardy successfully obtained a pre-answer dismissal of a tortious interference with contract claim against clients Lindsay Park Housing Corp and Board President Cora Austin in federal court in the Eastern District of New York.  The Court agreed with defendants that an employee handbook provided by the co-defendant to plaintiff did not …
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