Michael Prisco
Partner
Michael Prisco
Partner
Michael’s prior clerkship experience gave him invaluable insight into the litigation process, allowing him to understand disputes from the court’s perspective and as outside counsel. He believes that being an effective advocate not only requires legal expertise, but also clear communication, collaboration, and an unwavering commitment to his clients.
Michael A. Prisco is a partner in Rivkin Radler’s Construction and Surety Practice Groups. He focuses his practice on all aspects of surety, construction, and appellate advocacy.
Michael has successfully litigated some of the largest surety and construction disputes in the country and has managed program-wide defaults. He has also obtained large affirmative recoveries, including a recent judgment of more than $20 million.
Michael also has expansive appellate experience, using the insight and expertise he gained during his clerkship at the Appellate Division to challenge and defend lower court decisions.
He is a member of the ABA’s Tort Trial and Insurance Practice Section and was selected as a co-author for the Tort Trial & Insurance Practice Law Journal.
A frequent speaker on surety law, Michael has participated in panel discussions for the Pearlman Association—an organization designed, built, and managed exclusively by company-side surety professionals—in 2022 and 2024. He is also a repeated contributor to Surety School, where he educates professionals with less than five years of industry experience.
He has published articles and presented CLE programs on issues involving pass-through claims, the False Claims Act, liquidating agreements, and interference with the Surety’s A312 Completion Options.
Graduating first in his class at Touro Law Center, Michael was also a valedictorian. In law school, he was a Faculty Fellow and served as an editor of the Law Review.
Court Admissions
New York State, Third Department
U.S. District Courts for the Southern and Eastern Districts of New York
Bar Affiliations
New York State Bar Association
American Bar Association, Torts and Insurance Law Practice Section
Education
Touro Law Center, J.D., summa cum laude
State University at Buffalo, B.A.
News & Publications
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Rivkin Radler’s Surety Group Secures Dismissal of $3.3M Performance Bond Claim
October 6 | 2025 -
Rivkin Radler Gains 2 Partners and a New Practice Group
August 5 | 2025
Michael’s experience includes the following:
- Secured a judgment in excess of $20 million against an obligee in an action in which the obligee was seeking over $50 million in damages against the surety under two performance bonds.
- Represented a surety in a program-wide default spanning multiple states and dozens of projects in which there was over $100 million of exposure.
- Secured an eight-figure recovery on behalf of a surety through the sale of indemnitor’s assets, including real estate and business entities.
- Secured the dismissal of a $25 million performance bond action against a surety.
- Secured a seven-figure judgement for a surety related to change orders and pass-through claims of its terminated principal.
- Defended an architect against claims of breach of fiduciary duty, tortious interference and negligence involving a large public project in New Jersey.
- Drafted many construction agreements and takeover, tender and completion agreements on private and public contracts across multiple jurisdictions.
- Defeated claims against a surety for legal fees arising under New York State Finance Law.
- Secured dismissal of a performance bond action against a surety seeking more than $10 million in damages.
- Defended a surety in an $80 million performance bond claim arising out of the unfinished development of luxury residential apartments in New York City.