Appeals


Korman a Panelist at Appellate Practice CLE
April 18, 2018 | Appeals
Cheryl Korman will be a panelist at a free CLE program, “Appellate Practice in State and Federal Courts: Practical Considerations and Ethical Concerns.”  The program is presented by New York State-Federal Judicial Council and the Second Circuit Judicial Council. The CLE will be held on April 24, 2018, from 5:30-7:30 p.m. The panel will explore …
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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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Jones, Monteleone, LaPorta and Korman Defeat Appellate Motion for Stay of Summary Judgment
November 14, 2017 | Michael J. Jones | Cheryl F. Korman | Joseph Monteleone | Appeals | Commercial Litigation | Insurance Coverage
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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Krinick Published in Law Journal Newsletters
July 6, 2017 | Appeals | Commercial Litigation | Insurance Coverage
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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Korman Co-Chairs NYSBA Committee
June 1, 2017 | Appeals
Cheryl Korman has become Co-Chair of the Committee on Courts of Appellate Jurisdiction for the New York State Bar Association for a three-year term. The Committee evaluates and comments on the practice and procedure of the Court of Appeals and the Appellate Divisions, and submits proposals and evaluations to the NYSBA Executive Committee and House …
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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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Mascia presents at program at the Westchester Women’s Bar Association
April 11, 2017 | Corporate | Appeals | Commercial Litigation
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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Krinick New York Law Journal Article Reprinted in FC&S Legal: The Insurance Coverage Law Information Center
March 8, 2017 | Appeals
Evan Krinick’s New York Law Journal article entitled, “Social Media Is Shining Light on Fraudulent Insurance Claims,” was reprinted in the Eye on the Experts column of FC&S Legal:  The Insurance Coverage Law Information Center. Click here to read the article. …
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Rivkin Radler Secures Affirmance of Summary Judgment On Behalf of State Farm
February 2, 2017 | Appeals | Insurance Coverage
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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Rivkin Radler Attorneys Named As 2016 New York Metro Super Lawyers
October 11, 2016 | Professional Liability | Real Estate, Zoning & Land Use | Compliance Investigations & White Collar | Appeals | Bankruptcy | Commercial Litigation | Construction | Health Services | Insurance Coverage
UNIONDALE, NY – Rivkin Radler LLP is pleased to announce that twenty attorneys were named to the 2016 New York Metro Super Lawyers List and five attorneys were named as New York Metro Rising Stars. Being named a Super Lawyer is a tremendous honor reserved for only the top 5% of all lawyers in a …
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Mascia Receives Millennial Award from LIBN
August 5, 2016 | Appeals | Commercial Litigation | Corporate
Henry Mascia has been chosen among the inaugural group of honorees to receive the Long Island Business News’ Millennial Award. The Millennial Awards honor the bright & dynamic young professionals who are part of the millennial generation, who contribute to the Long Island community & who have made significant strides in business at a young …
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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 | Appeals | Corporate
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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Korman moderates program for The Women’s Collaborative
June 9, 2016 | Appeals
Cheryl Korman was the moderator for The Women’s Collaborative program entitled, “Coffee and Conversation with Lt. Governor Kathy Hochul.”  The discussion was held at the Long Island Association and centered on encouraging women to aspire to leadership roles, mentoring and inspiring the next generation of women leaders. …
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Valverde and Korman Victorious in Article 78 Proceeding Before the Appellate Division, Second Department
June 7, 2016 | Insurance Coverage | Appeals
Frank A. Valverde and Cheryl F. Korman obtained a victory in an Article 78 proceeding before the Appellate Division, Second Department.  In Cappuccia v. N.Y. State Div. of Human Rights, a former employee commenced an Article 78 proceeding against his former employer and the N.Y. State Division of Human Rights (“DHR”) disputing the DHR’s determination …
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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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Judge Hart Memorial Scholarship Presented to Three Hofstra Law Students
May 24, 2016 | Appeals
Rivkin Radler Partner, Michael Troisi, has presented the Judge Edward J. Hart Memorial Scholarship for Trial Advocacy to Carissa Danesi, Brianne Richards, and Felicia Winder, recent graduates of Maurice A. Deane School of Law at Hofstra University. The Judge Edward J. Hart Memorial Scholarship for Trial Advocacy was created in honor of Edward Hart, a …
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Korman and Mascia Victorious in Assumption of Risk Case at the Appellate Division, Second Department
April 22, 2016 | Appeals
Cheryl F. Korman and Henry Mascia, members of the Firm’s Litigation & Appeals Practice Group, obtained a victory in an assumption of risk case at the Appellate Division, Second Department. In Augustin v. grand Prix New York Racing,  the plaintiff commenced this action to recover damages for personal injuries sustained when she crashed a go-kart …
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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
| 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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Goodheart v. Hofstra University
March 10, 2016 | Appeals | General Liability
Rivkin Radler obtained summary judgment on behalf of defendant, Hofstra University as well as a dismissal of the plaintiff’s action. In Goodheart v. Hofstra University, et al., the plaintiff tripped and fell at a baseball memorabilia show that was held at Hofstra University’s Fitness Center.  Frank Raia and Seth Goldberg obtained summary judgment and a dismissal of …
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Korman on panel of The Women’s Collaborative program entitled, “The Language of Leadership”
February 1, 2016 | Appeals
Cheryl Korman will be a panelist at The Women’s Collaborative’s program entitled, “The Language of Leadership – Insights from the Experts.”  The program is being presented by the Long Island Association on March 3, 2016. “The words we use and how we deliver them make a difference in our leadership.  Hear the words of five …
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Rivkin Radler Elects Five New Partners
December 22, 2015 | Real Estate, Zoning & Land Use | Appeals | Health Services | Intellectual Property
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Michael Cannata, Nancy Del Pizzo, Jeremy Honig, Michael McIsaac and Amy Wiedmann 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 …
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Mulè and Ullman Quoted in Natural Products Insider
November 13, 2015 | Appeals | Health Services
Michael Mulè and Marc Ullman were recently quoted in an article for Natural Products Insider entitled, “NBTY, Retailers Named in Amended Herbal Supplement Class-Action Lawsuit.” To read the complete article, Click Here …
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Novikoff and Schieber Victorious
November 12, 2015 | Real Estate, Zoning & Land Use | Appeals
Ken Novikoff and Evan Schieber successfully defended a prominent New York City real estate developer in a $10,000,000 lawsuit after a three week trial in Supreme Court, New York County.  Plaintiff sought to impose a constructive trust over hundreds of acres of waterfront property belonging to our client in Sullivan County.  Plaintiff sued for breach …
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Rivkin Radler Welcomes New Attorneys
November 10, 2015 | Intellectual Property | Appeals
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Gene Kang and James Scozzari have joined the firm as Associates. “We are excited to have Gene and Jim on board.  Their experience and commitment to professional excellence will make them an asset to the firm and its clients and we look forward …
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Victory in the New Jersey Appellate Division
October 31, 2015 | Insurance Coverage | Appeals
Brian Ade and Alexander Pappas won at the appellate division in a matter styled Papaiya v. North Hudson Regional Fire Rescue, et. al. Rivkin Radler represented a public water utility. The plaintiffs were the owner of a residential apartment house that burned down when a fire from a neighboring apartment house spread to their property. Plaintiffs alleged against …
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Rivkin Radler Attorneys Named As 2015 New York Metro SuperLawyers
October 1, 2015 | Appeals | Insurance Coverage
UNIONDALE, NY – Rivkin Radler LLP is pleased to announce that sixteen attorneys have been named to the 2015 New York Metro Super Lawyers List and four attorneys were named as New York Metro Rising Stars.  Rivkin attorneys were named SuperLawyers in the categories of Appellate Law, Bankruptcy, Business Litigation, Construction Litigation, Health Care Law, Insurance Coverage and …
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Rivkin Radler Attorneys Named As 2015 New York Metro SuperLawyers
| Appeals | Health Services
UNIONDALE, NY – Rivkin Radler LLP is pleased to announce that sixteen attorneys have been named to the 2015 New York Metro Super Lawyers List and four attorneys were named as New York Metro Rising Stars.  Rivkin attorneys were named SuperLawyers in the categories of Appellate Law, Bankruptcy, Business Litigation, Construction Litigation, Health Care Law, Insurance Coverage and …
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Schieber and Honig Victorious
September 30, 2015 | Appeals
Evan Schieber and Jeremy Honig scored a major victory on behalf of a commercial landlord after a multi-day trial in Supreme Court, Suffolk County, in a hotly contested commercial lease dispute. The crux of the action was whether the defendant-tenant exercised an option to renew the lease and was bound through the expiration of the renewal …
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Glambosky and Honig victorious
September 16, 2015 | Appeals
Erez Glambosky and Jeremy Honig obtained a significant victory on behalf of developer/landlord Naftali Group in a fair market rent appeal proceeding before the New York State Division of Housing and Community Renewal. The Rent Administrator affirmed a prior decision that was issued in April 2015, which decision was subjected to reconsideration upon the tenant’s …
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Grill and Gurdus Victorious
September 14, 2015 | Appeals
David M. Grill and Jason Gurdus successfully convinced the Court to discharge a mechanic’s lien of record based upon lienor’s failure to provide a detailed itemized statement of lien pursuant to Lien Law Section 38.  The court held, after ordering the lienor to correct the deficiencies in the itemized statement of lien furnished, that the second …
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Levy, Gershenoff, Robertelli, Doran, and Smith Obtain Strategic Anti-Fraud Win for NJ Auto Insurance Industry
| Appeals
Barry Levy, Max Gershenoff, John Robertelli, Patricia Doran, and Josh Smith obtained a strategic victory for the New Jersey automobile insurance industry in Government Employees Ins. Co. v. Tawadrous, et al. when the United States District Court for the District of New Jersey denied the defendants’ motion to dismiss GEICO’s civil RICO, New Jersey Insurance …
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Rivkin Radler Welcomes New Associates
August 31, 2015 | Appeals
Uniondale,  New York ? August  2015 ? Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Brian Boxler and Allison Schimel have joined the Firm. “My partners and I are delighted to welcome Brian and Allison to Rivkin Radler,” said Evan Krinick. “Their experience and commitment to professional excellence will make them …
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Glambosky and Honig Defeat a Claim of Unlawful Eviction on Behalf of Naftali Group
August 26, 2015 | Appeals
Erez Glambosky and Jeremy Honig obtained an important victory on behalf of landlord/developer, the Naftali Group, by successfully moving to dismiss an order to show cause by a Petitioner who sought injunctive relief related to an alleged “illegal lockout”. The Petitioner, the wife of a well-known writer for the New York Post (the author of …
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Rivkin Radler Welcomes Two New Attorneys
August 24, 2015 | Real Estate, Zoning & Land Use | Appeals
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that David P. Leno and James R. Finn have joined the Firm. David P. Leno, of West Hempstead, NY, has joined the Real Estate practice group as a Partner.  David advises clients on all aspects of real estate transactions.  He negotiates and prepares transactional …
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Korman and Mascia Victorious in the New York Court of Appeals
July 1, 2015 | Appeals
Cheryl Korman and Henry Mascia, members of the Firm’s Litigation & Appeals Practice Group, obtained a victory at the New York Court of Appeals for State Farm. The Court of Appeals held that a New York City police officer, who was injured as a passenger in a police vehicle, was not entitled to recover underinsured motorist …
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Rivkin Radler Welcomes New Associates
June 30, 2015 | Appeals
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Thomas V. DeMarco and Greg M. Mann have joined the Firm. Thomas V. DeMarco, of Smithtown, NY, has joined the Litigation & Appeals practice group.  Thomas helps insurers uncover No-Fault insurance fraud and defends insurers against fraudulent claims by medical providers. He is …
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Korman on panel at NYSBA CLE Symposium
June 1, 2015 | Appeals
Cheryl Korman, a partner in the Firm’s Litigation & Appeals practice group, will be a panelist at the New York State Bar Association’s CLE Symposium and Reception to meet the justices of the Appellate Division, First Department. The Symposium is a special event in which the Justices of the Appellate Division, First Department have graciously agreed …
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Rivkin Radler Supports KALAGNY
May 31, 2015 | Appeals | Complex Torts & Product Liability
  Furthering Rivkin Radler’s support of the Korean American Lawyers Association of Greater New York, associate Lawrence Han is serving on KALAGNY’s Gala Committee.  Since 1986, KALAGNY has provided legal support for the Korean American community, by providing its members with training and resources useful for professional advancement and expanding access by Korean Americans in …
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Glambosky and Honig Victorious on Behalf of Naftali Group
May 21, 2015 | Appeals
Erez Glambosky and Jeremy Honig obtained a key victory for developer, Naftali Group, by successfully arguing that Naftali was the prevailing party in a hotly contested holdover proceeding after it was awarded summary judgment.  The Court found that Naftali was entitled to recover reasonable attorneys’ fees from the Respondent pursuant to the lease by virtue …
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Rivkin Radler Welcomes New Associate Diana Rivkin
May 20, 2015 | Appeals
Uniondale,  New York ? May 2015 ? Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Diana Rivkin, who joined the firm in September 2014, has been admitted to practice law in the State of New York. Diana Rivkin, of Dix Hills, is a member of the Firm’s Litigation & Appeals Practice Group.  …
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Judge Hart Memorial Scholarship Presented to Two Hofstra Law Students
May 17, 2015 | Appeals
Rivkin Radler Partner, Michael Troisi, has presented the Judge Edward J. Hart Memorial Scholarship for Trial Advocacy to Andres Sanchez and Aaron Spurlock, recent graduates of Maurice A. Deane School of Law at Hofstra University. The Judge Edward J. Hart Memorial Scholarship for Trial Advocacy was created in honor of Edward Hart, a distinguished judge …
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McAloon co-chair of 2015 Spring Meeting of the ABA TIPS Property Insurance Law Committee
May 7, 2015 | Appeals
Sean McAloon, a member of the Firm’s Litigation & Appeals Practice Group, is a Program Co-Chair of the ABA TIPS Property Insurance Law Committee Spring CLE Meeting being held in San Antonio, TX, May -7th through May 9th. The meeting is titled, “From Claim to Verdict: Litigating The Complex Commercial Property Insurance Claim.”      Click here …
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Troisi presenter at 2015 Spring Meeting of the ABA TIPS Property Insurance Law Committee
| Appeals
  Michael Troisi will be presenting at the ABA TIPS Property Insurance Law Committee Spring CLE Meeting being held in San Antonio, TX, May -7th through May 9th. The meeting is titled, “From Claim to Verdict: Litigating The Complex Commercial Property Insurance Claim.”  Michael’s presentation will focus on proper techniques in investigating complex commercial fire …
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Glambosky and Honig Obtain Critical Victory for Naftali Group
April 16, 2015 | Appeals
For the second time this month, Erez Glambosky and Jeremy Honig obtained a critical victory for developer/landlord Naftali Group against a tenant who challenged the regulatory status of his apartment.  The Division of Housing and Community Renewal (“DHCR”) denied the tenant’s fair market rent appeal, rejecting tenant’s argument that the initial rent at the time …
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Rivkin Radler welcomes new Counsel to the firm
April 8, 2015 | Intellectual Property | Appeals
Nancy Del Pizzo has joined the firm as Counsel in the Intellectual Property and Litigation & Appeals practice groups.  Nancy helps solve commercial disputes, including those involving intellectual property matters such as trademark, trade dress, copyright and patent infringement, domain name disputes, source codes, misappropriation of trade secrets and unfair competition, defamation, libel and trade …
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Miller appointed co-editor in chief for the American Bar Association
April 7, 2015 | Appeals | Insurance Coverage | Intellectual Property
Our partner, Greg Miller has been appointed as a co-editor in chief for the ABA’s new social media platform, Section of Litigation, Insurance Coverage Litigation Committee (ICLC).  His committee will be tasked with generating and distributing insurance coverage content through various social media platforms, as well as raising awareness of key insurance coverage issues and developing a mechanism …
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Glambosky and Honig win on behalf of New York City Landlord.
April 3, 2015 | Appeals
Erez Glambosky and Jeremy Honig obtained an important and substantial victory for developer/landlord Naftali Group in a hotly contested Civil Court, New York County residential holdover proceeding.  The Court granted the landlord’s motion for summary judgment and rejected the tenant’s defense that the apartment was rent stabilized because the prior landlord engaged in a fraudulent …
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Rivkin Radler welcomes new partner
April 1, 2015 | Appeals | Insurance Coverage | Intellectual Property
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Gregory D. Miller has joined the firm as a Partner in the firm’s Insurance Coverage & Litigation, Intellectual Property and Litigation & Appeals Practice Groups, resident in the New Jersey office. Greg has more than 20 years of experience in civil litigation and …
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Rivkin Radler welcomes six new attorneys
March 30, 2015 | Corporate | Trusts & Estates | Appeals | Insurance Coverage
Uniondale,  New York ? April 2015 ? Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Gregory Cayne, Chloe Fine, Priscilla Kam, Jordan Mamorsky,  Jenny Sinyoung Shin, and Alex Silverman have joined the Firm. “The partnership is delighted to welcome these new attorneys.  They add to the stature of our firm and our …
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