Kenneth A. NovikoffPartner
A Senior Partner and trial attorney in Rivkin Radler’s Commercial Litigation and Employment & Labor Practice Groups, Kenneth A. Novikoff has over 30 years of experience in federal and state courts, as well as in ADR forums, representing public and private corporations of all sizes, municipalities and individuals in varied and high-exposure complex commercial litigations, partnership disputes, non-compete/non-solicitation litigations, employment, housing and ADA discrimination litigation, and wage and hour litigation.
Ken has been lead counsel and trial attorney in some of the Firm’s most high-profile and cutting-edge trials and litigations. The following are representative examples of his notable cases:
Fratello v. Roman Catholic Archdiocese of N.Y., 175 F.Supp 3d 152 (E.D.N.Y. 2016), aff’d, 863 F.3d 190 (2d Cir. 2017) – Defendant, the Roman Catholic Archdiocese of N.Y., represented by Ken in a case of first impression and significant Constitutional importance nationwide, was granted summary judgment based upon Ken’s successful argument after extensive discovery that plaintiff, a “lay” principle for one of the Archdiocese’s parochial schools, was a “minister” for purposes of applying the “ministerial exception” contained within the First Amendment and, consequently, was barred from bringing her employment discrimination claims against the Archdiocese and its church and school.
Barella v. The Village of Freeport, Mayor Anthony Hardwick, 714 Fed. App. 78 (2nd Cir. 2018) – Ken was lead trial attorney for defendant, Anthony Hardwick, the first African-American mayor of the Village of Freeport, who was sued under a reverse discrimination theory under Title VII and 42 U.S.C. §§ 1981 and 1983, by plaintiff, a White lieutenant in the Village of Freeport Police Department, based upon Mayor Hardwick’s decision to appoint a Hispanic lieutenant within the Police Department to the chief of police position, instead of plaintiff. Ken received a defense verdict after a week-long trial and also successfully opposed plaintiff’s appeal before the United States Court of Appeals for the Second Circuit.
Kohan v. Nehmadi, Index No. 1014185/11 (Sup. Ct., New York) – In 2015, Ken, representing defendant, a major real estate developer, received a defense verdict after trial on Plaintiff’s $10 million fraud and constructive trust claim involving the ownership of certain property in New York.
Revelations Perfume & Cosmetics v. Nelson, Index No. 603350/08 (Sup. Ct., New York) – Ken, retained as trial counsel after Prince, the world-famous singer and entertainer defaulted, successfully reduced by $6 million the monetary damages sought by plaintiff.
Braun v. Adm’rs For The Professions, Inc., 2018 U.S. Dis. LEXIS 125401 (E.D.N.Y.) – Ken successfully defended two prominent Long Island businessmen and their company in a $1 million age and gender discrimination lawsuit brought by a former executive with the company.
Carter v. Inc. Village of Ocean Beach, 693 F.Supp 2d 203 (E.D.N.Y.) aff’d 415 Fed. App. 290 (2nd Cir.) – In a high-profile case that garnered significant media attention, Ken successfully represented the Village of Ocean Beach in a multi-million dollar action brought by five former police officers who claimed their First Amendment and other civil rights were violated by the Village when their employment was terminated.
Creditriskmonitor.com, Inc. v. Fensterstock, Index No. 006211/11 (Sup. Ct., Nassau) – Ken was retained as lead trial counsel by plaintiff in a contempt proceeding involving the breach by defendants of a court-ordered settlement agreement containing various anti-competition/solicitation provisions. After a bench trial that lasted more than 40 days, Ken received a plaintiff’s verdict, and plaintiff was awarded $1 million in damages.
Since 2013, Ken has been named a New York Metro Super Lawyer in Business Litigation.
926 RXR Plaza
Uniondale, NY 11556-0926
New YorkCourt Admissions
United States Court of Appeals, Second Circuit
United States District Courts of the Eastern and Southern Districts of New YorkEducation
Washington College School of Law, Juris Doctor, cum laude
Dartmouth College, B.A.