Commercial Litigation


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
| 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 | Commercial Litigation | Employment & Labor
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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Rivkin Radler Attorneys Named As 2016 New York Metro Super Lawyers
October 11, 2016 | Real Estate, Zoning & Land Use | Compliance Investigations & White Collar | Appeals | Bankruptcy | Commercial Litigation | Construction | Health Services | Insurance Coverage | Professional Liability
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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Sirignano to Present at NYSSIU Conference
September 23, 2016 | Insurance Fraud | Commercial Litigation
Michael A. Sirignano will be a featured speaker at the Fall 2016 Joint Training Conference of the New York State Chapter of Special Investigation Units (“NYSSIU”) and the New York Anti-Care Theft and Fraud Association (“NYACT”).  The conference will be held on September 26, 2016.  at the Turning Stone Resort, in Verona, New York. …
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Riverso Quoted in Long Island Business News
August 22, 2016 | Commercial Litigation | Construction
Pia Riverso was quoted in a recent Long Island Business News article entitled, “Taking Coverage.” Pia warns that many contractors and property owners do not realize they lack adequate coverage. “In order to ensure that the proper coverage is in place, the policy must have an endorsement giving the contractor blanket additional insured coverage, or …
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Gregory Miller Quoted in Inc.com Article
August 9, 2016 | Professional Liability | Commercial Litigation | Intellectual Property
Gregory D. Miller was quoted in a recent Inc.com article entitled, “This App Can Get You Anything (Legal) From Anywhere.” A new shopping app called Grabr, which lets an individual who wants something he or she can’t find locally to post a plea for someone to bring it to them, presents copyright and trademark infringement …
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Grill and Welch Victorious In Special Proceeding Seeking Access To Neighboring Property
| Real Estate, Zoning & Land Use | Commercial Litigation | Construction
David M. Grill and Michael Welch were successful in obtaining a license on behalf of our client to access its neighbors property for the purpose of assessing possible damage caused to its building.  Our client contends that a portion of its building was damaged during its neighbors construction project.  The only way to assess the …
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Mascia Receives Millennial Award from LIBN
August 5, 2016 | Corporate | Commercial Litigation | Appeals
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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Rivkin Radler Obtains First New Jersey Federal Decision Sustaining Insurers’ Declaratory Judgment Claim Regarding Pending No-Fault Billing
August 3, 2016 | Commercial Litigation | Insurance Fraud
Barry Levy, Max Gershenoff, John Robertelli, and Gene Kang of Rivkin Radler obtained the first-ever federal decision in New Jersey sustaining an insurer’s right to seek a declaratory judgment to the effect that it is not obligated to pay pending no-fault insurance billing that is alleged to be fraudulent. The decision, by Judge Madeline Cox …
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Del Pizzo quoted in the New Jersey Law Journal
August 2, 2016 | Commercial Litigation | Intellectual Property
Nancy Del Pizzo was quoted in the July 29, 2016 issue of the New Jersey Law Journal in an article promoting the August 2016 issue of New Jersey Lawyer, the State Bar Association’s bimonthly magazine.  Del Pizzo served as co-Special Editor for the August issue, which focuses on Appellate Practice in New Jersey.  She and …
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Grill and Schieber Secure Yellowstone Injunction
July 29, 2016 | Commercial Litigation
David M. Grill and Evan Schieber obtained an important victory, securing Yellowstone injunctive relief on behalf of a medical practice confronted with the threat of lease termination.    In the case of Omnicare Anesthesia, P.C. v Hazel Blue Nostrand, LLC, Supreme Court, Kings County, Index No. 51140/16, the Supreme Court, after oral argument, granted our application …
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Grill and Schieber Successfully Oppose a Renewal Application
July 22, 2016 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction
Grill and Schieber defeated a Bank’s attempt to renew an order of the Supreme Court.  In a prior order, the Supreme Court granted our client summary judgment and canceled and discharged a mortgage of record on the client’s property.  The Bank argued that new facts existed, that had the Court considered, would have changed the …
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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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Grill, Schieber and Tare Victorious on Behalf of Medical Office Tenant
July 8, 2016 | Construction | Real Estate, Zoning & Land Use | Commercial Litigation
David M. Grill, Evan Schieber and Joshua M. Tare successfully defeated a Brooklyn landlord’s holdover petition seeking to evict a long term medical office tenant, preserving a tenancy and lease with more than ten (10) years remaining on the term.  Prior to retaining Rivkin Radler, the Landlord allegedly served upon the client a Notice to …
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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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New York Court of Appeals Rejects Health Insurer’s Claim Seeking Reimbursement Against Automobile Insurer for Claim Payments Under New York’s No-Fault Law
| Commercial Litigation | Insurance Fraud
The New York Court of Appeals issued a decision yesterday that will have wide-ranging impact on issues of reimbursement between health insurers and automobile insurers.  In Aetna Health Plans v. Hanover Insurance Company, the court concluded, by a 5-2 vote, that Aetna, a health insurer, was not entitled to seek reimbursement from Hanover, a no-fault …
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Tiscione co-presents Webinar for CLM Insurance Fraud Committee
June 15, 2016 | Commercial Litigation | Insurance Fraud
Frank Tiscione will co-present a webinar for the CLM Insurance Fraud Committee.  The presentation will focus on the detection of organized fraud rings and the prosecution of civil affirmative recovery actions through the use of the Racketeer Influenced and Corrupt Organizations (RICO) Statute. Over the past several years, Special Investigation Units have dedicated increasing resources to the …
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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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Novikoff and Mann Secure Summary Judgment
May 26, 2016 | Commercial Litigation
Ken Novikoff and Greg Mann secured summary judgment 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 sought, inter alia,  to enforce its restrictive covenants against a former tax preparer.  R&G Brenner established as a matter of law …
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Riverso appointed vice-chair of the Nassau County Bar Association’s Construction Law Committee
May 25, 2016 | Commercial Litigation | Construction
Pia Riverso has been appointed a vice-chair of the Nassau County Bar Association’s Construction Law Committee for the 2016-2017 term.  The Committee provides a forum for discussion of topics related to construction law. …
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Sirignano and Bholan Victorious at Arbitration
April 22, 2016 | Commercial Litigation | Insurance Fraud
Michael Sirignano and Michelle Bholan prevailed in securing an award on behalf of our corporate client against a large medical practice based on breach of the parties’ agreement.  Specifically, the firm’s client entered into a contract with the medical practice to build and help operate a new in-office physician laboratory.   After the client incurred hundreds of thousands …
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Grill, Riverso & Honig Victorious on Behalf of Major Developer
April 15, 2016 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction
David M. Grill, Pia E. Riverso and Jeremy Honig secured an order from New York County Supreme Court granting access to a major developer to enter upon adjoining property to install and read monitoring devices and to install and maintain overhead protection as required by the Building Code of the City of New York.  After …
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Grill, Schieber and Gold Successfully Invalidate and Discharge a Defective Mechanic’s Lien
| Construction | Commercial Litigation
A mechanic’s lien, which completely misidentified the owner of the real property, was deemed fatally defective and canceled by the Court.  In the case of In re Jennifer S. Stachel, DMD, PC. Supreme Court, New York County, Index No. 152463/2016, Judge Edmead discharged, as jurisdictionally defective, a mechanic’s lien filed by a contractor that misidentified …
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Grill and Tare Victorious in Denial of Tenants’ Complaint
April 6, 2016 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
David M. Grill and Joshua Tare, partners in the firm’s commercial litigation/real estate practice group, were victorious in the denial of tenants’ complaint for rent overcharge in a proceeding filed by the tenants with the New York State Division of Housing and Community Renewal (DHCR). Tenants’ complaint (“Complaint”) at the DHCR alleged that the rent the …
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Miller profiled in Long Island Business News’ Who’s Who
March 11, 2016 | Commercial Litigation | Intellectual Property
Gregory Miller was profiled in the March 3, 2016 issue of the Long Island Business News’ Who’s Who in Intellectual Property. Click here to read the column. …
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Riverso quoted in ENR Magazine
March 9, 2016 | Commercial Litigation | Construction
Pia Riverso was quoted in an ENR Magazine article entitled, “Premiums Could Rise After Latest Costly Crane Accident.” Click here to read the article. …
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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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Grill and Riverso Secure Access Agreement for Major Developer
January 26, 2016 | Commercial Litigation | Construction
David M. Grill and Pia E. Riverso secured an order from New York County Supreme Court granting access to a major developer to enter upon an adjoining neighbor’s property to install rear yard, overhead and rooftop protections as required by the Building Code of the City of New York.  After nearly one year of negotiations …
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