Commercial Litigation


Calabrese and Sanchez Defeat Motion to Dismiss Complaint
January 19, 2018 | Commercial Litigation
Justin Calabrese and Johanna Sanchez successfully defeated a Defendant’s pre-answer motion to dismiss their clients’ complaint. The complaint asserted causes of action for fraud in the inducement, breach of fiduciary duties, unjust enrichment and a constructive trust. The central issues involved: Whether a party can assert independent torts claims and damages claims when the parties’ …
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Gold Obtains Successful Verdict
January 9, 2018 | Commercial Litigation
After a two-day trial in the Civil Kings Commercial Landlord-Tenant Part, Dana Gold obtained a successful verdict for a client.  The case involved a parking garage tenant who was recently evicted based on their failure to issue payments in excess of $50,000 pursuant to a so-ordered stipulation of settlement.  The tenant challenged the eviction, claiming …
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Rivkin Radler Elects Three New Partners
January 2, 2018 | Trusts & Estates | Commercial Litigation | Insurance Fraud
UNIONDALE, NEW YORK – January 2, 2018 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Michael Schnepper, Frank Tiscione and Dennis Wiley have been elected Partners. “These attorneys have performed exceptionally well over the years in all aspects of their fields, always exemplifying Rivkin Radler’s commitment to professional …
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Complaint Under Connecticut’s Apportionment Rules Sustained
November 28, 2017 | Commercial Litigation
Michael Mulè obtained a memorandum of decision on behalf of NRZ REO Inventory Corp. sustaining Rivkin Radler’s objection to plaintiff’s motion to dismiss an apportionment complaint that Rivkin Radler filed on behalf of NRZ in Connecticut State Court. …
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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 | Anthony J. LaPorta | 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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Grill, Honig, and Schieber Prevail after Framed Issue Hearing
October 9, 2017 | Commercial Litigation | Construction
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
| Real Estate, Zoning & Land Use | Commercial Litigation | Construction
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 | Privacy, Data & Cyber Law | Commercial Litigation | Intellectual Property
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 | Trusts & Estates | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage | Insurance Fraud
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 Welcomes Three New Associates
September 19, 2017 | Catalina E. De La Hoz | Anthony J. DiChiara | Benjamin J. Frenkel | Trusts & Estates | Commercial Litigation | Insurance Fraud
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 | Commercial Litigation | Insurance Fraud | Intellectual Property
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 | Privacy, Data & Cyber Law | Commercial Litigation | Intellectual Property
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
| Commercial Litigation | Insurance Fraud | Intellectual Property
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
| Privacy, Data & Cyber Law | Commercial Litigation | Intellectual Property
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 | 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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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 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction
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
| 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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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 | Privacy, Data & Cyber Law | Commercial Litigation | Intellectual Property
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
| Professional Liability | Commercial Litigation | Insurance Coverage
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 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction
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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Iseman, Cunningham, Riester and Hyde to Merge with Rivkin Radler
May 17, 2017 | Professional Liability | Real Estate, Zoning & Land Use | Trusts & Estates | Compliance Investigations & White Collar | Bankruptcy | Commercial Litigation | Employment & Labor | Health Services | Corporate | Banking
Rivkin Radler, one of the Northeast’s leading law firms with three offices and more than 165 attorneys, is merging with the long-time Albany-based law firm of Iseman, Cunningham, Riester and Hyde (ICRH), with offices in Albany and Poughkeepsie, effective July 1, 2017. The firm will be known as Rivkin Radler and will feature one of …
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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 | Appeals | Commercial Litigation | Corporate
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 | Commercial Litigation | Insurance Fraud
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 | Commercial Litigation | Complex Torts & Product Liability | Insurance Coverage
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
| 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 | Real Estate, Zoning & Land Use | Commercial Litigation
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 | Bankruptcy | Commercial Litigation | Construction
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 | 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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Riverso Co-Moderator at NCBA’s Joint ADR, Construction & Commercial Litigation Committees Meeting
November 14, 2016 | Commercial Litigation | Construction
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
| Real Estate, Zoning & Land Use | Commercial Litigation | Construction
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 | 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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Del Pizzo elevated to Lead Barrister of John C. Lifland Inn of Court
October 26, 2016 | Privacy, Data & Cyber Law | Commercial Litigation | Intellectual Property
Nancy A. Del Pizzo has been elevated to Lead Barrister of the John C. Lifland Inn of Court and will help spearhead student learning sessions at the Inn.  The John C. Lifland Inn of Court focuses on federal practice and intellectual property litigation in particular.  Leaders in IP in the State of New Jersey and …
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Glambosky and Honig defeat tenant’s Fair Market Rent Appeal on behalf of developer Naftali Group
October 19, 2016 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction
In a hotly contested landlord-tenant proceeding that has been pending for over three years, Erez Glambosky and Jeremy Honig won a significant victory on behalf of developer/landlord Naftali Group.  In an unprecedented eleven page decision, the Deputy Commissioner of the New York State Division of Housing and Community Renewal affirmed the Rent Administrator’s underlying order …
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Gershenoff presents at the Annual New Jersey Special Investigators Seminar
October 18, 2016 | Compliance Investigations & White Collar | Commercial Litigation | Insurance Fraud
Max Gershenoff presented at the Annual New Jersey Special Investigators Association Seminar in Atlantic City.  The presentation, entitled “Building a Case From a Claims File”, focused on the importance file analysis at the claims level and the wealth of information readily available to claims representatives to identify billing/medical treatment fraud.    …
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