Recent News - Max Gershenoff


Gershenoff, DiGennaro, and Bernstein Successfully Defend Law Firm Client Against RICO, Defamation Claims
March 6, 2023 | Appeals

Max Gershenoff, Janice DiGennaro, and Yonatan Bernstein successfully defended Wigdor LLP, a prominent Manhattan law firm that specializes in cases involving sexual harassment and misconduct, against claims that it engaged in supposed wrongdoing while representing one of its clients.

In Black v. Ganieva, et al., S.D.N.Y. Case No. 1:21-cv-08824-PAE, billionaire plaintiff Leon Black had alleged

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Real Estate Transactions in February 2019
March 14, 2019 | Real Estate, Zoning & Land Use
  1. Louis D’Amaro and Stephen Weissman closed on a $34.2 million refinance of a Hilton Garden Inn hotel located in Port Washington, NY. The refinance required the assignment and consolidation of the exiting mortgage on the premises and the approval of the Nassau County Industrial Development Agency.
  2. Louis D’Amaro and Max Gershenoff completed the assignment
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Gershenoff and Smith Obtain Complete Dismissal of Federal RICO Suit
March 12, 2019 | Insurance Fraud

Max Gershenoff and Joshua Smith obtained complete dismissal of a federal lawsuit filed in the United States District Court for the Eastern District of New York alleging civil RICO violations, tortious interference with contract and conversion claims.

Plaintiff, a lender in the merchant cash advance industry, alleged that various persons and entities — including the

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Gershenoff, Goldberg and Kam Participate in ABA Webinar, “No-Fault Insurance Anti-Fraud Litigation: An Overview”
September 29, 2017 | Max Gershenoff | Ryan Goldberg | Priscilla D. Kam | Insurance Fraud

On October 25, 2017, Max Gershenoff (moderator), Ryan Goldberg and Priscilla Kam (panelists) will participate in an ABA webinar entitled, “No-Fault Insurance Anti-Fraud Litigation: An Overview.”

Program Description:

Though prosecutors, legislators, and regulators have made some attempts to resolve the problem, automobile insurers are—for now—the primary actors in the fight against no-fault fraud, and the

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Levy, Gershenoff, Robertelli and Kang Obtain Federal Decision Striking Pleadings
September 25, 2017 | Barry I. Levy | Max Gershenoff | John J. Robertelli | Gene Y. Kang | Insurance Fraud

Barry Levy, Max Gershenoff, John Robertelli, and Gene Kang of Rivkin Radler obtained a federal decision in New Jersey striking the pleadings of two Defendants alleged to be involved in a fraudulent insurance scheme in an action seeking more than $3 million in damages.

The decision, by Judge Anne E. Thompson of the United States

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Gershenoff presents at the Annual New Jersey Special Investigators Seminar
October 18, 2016 | Insurance Fraud | Commercial Litigation | Compliance Investigations & White Collar

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 Obtains First New Jersey Federal Decision Sustaining Insurers’ Declaratory Judgment Claim Regarding Pending No-Fault Billing
August 3, 2016 | Insurance Fraud | Commercial Litigation

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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Levy, Gershenoff, Robertelli, Doran, and Smith Obtain Strategic Anti-Fraud Win for NJ Auto Insurance Industry
September 14, 2015 | 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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Gershenoff presents at New Jersey Bar Association
January 19, 2015 | Appeals

Max Gershenoff, a Partner in the firm’s Litigation & Appeals Practice Group, presents at the New Jersey State Bar Association’s Institute for Continuing Legal Education 2015 PIP/No-Fault College Seminar.  Max discusses the use of civil RICO claims and claims under the New Jersey Insurance Fraud Prevention Act to combat no-fault insurance fraud. 

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Gershenoff presents at Commercial Lawyers Conference
November 4, 2014 | Appeals | Employment & Labor

Max Gershenoff, a partner in the firm’s Litigation and Appeals group, will present at the Commercial Lawyers Conference of New York Annual Dinner on December 4, 2014. Mr. Gershenoff will discuss the impact of Berman v. City of New York, E.D.N.Y. Docket No. 09-cv-3017 on attorneys who represent commercial debt collectors in New York.

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Gershenoff quoted in New York Law Journal article
October 31, 2014 | Appeals

Rivkin Radler Partner, Max Gershenoff, was quoted in the New York Law Journal entitled, “Circuit Seeks Advice on Impact On Lawyers of City Debt Rules.”  Mr. Gershenoff, Evan Krinick, Cheryl Korman and Michael Versichelli, partners at Rivkin Radler, represent the plaintiffs.

Please click the link below to view the Article. Adobe Reader is required to view

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Rivkin Radler Secures Complete Dismissal of Case Challenging Right to Use Peer Reviews to Evaluate MRI Claims
April 16, 2014 | Appeals

Barry Levy, Max Gershenoff, and Michael Schnepper, of Rivkin Radler’s Litigation & Appeals practice group, secured a major victory for New York no-fault automobile insurers in New York Diagnostic Medical Care, P.C. v. GEICO Casualty Insurance Co., Index No. 650766/2013, convincing the Supreme Court, New York County to grant a motion to dismiss a healthcare

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Gershenoff presents at the NJ State Bar Association’s Institute for Continuing Legal Education
January 19, 2014 | Appeals

Max Gershenoff, a a partner in the firm’s Litigation and Appeals group, will present at the New Jersey State Bar Association’s Institute for Continuing Legal Education 2015 PIP/No-Fault College Seminar on January 19, 2015. Mr. Gershenoff will discuss the use of civil RICO claims and claims under the New Jersey Insurance Fraud Prevention Act to

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Ken Novikoff, Max Gershenoff, and Brian Bank successfully obtained the pre-answer dismissal of various federal antitrust claims
December 19, 2012 | Employment & Labor | Appeals

Ken Novikoff, Max Gershenoff, and Brian Bank successfully obtained the pre-answer dismissal of various federal antitrust claims brought by a freight forwarder against another freight forwarder that services the niche hatching egg market.  In Solent Freight Servs., Ltd Inc. v. Carlos Alberty, et al., 2012 U.S. Dist. LEXIS 179699 (E.D.N.Y. Dec. 18, 2012), the Court

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Rivkin Radler Team Persuades Federal Court To Strike Down Critical Portions of New York City Debt Collection Law
October 5, 2012 | Insurance Coverage | Employment & Labor | Appeals

Evan Krinick, Michael Versichelli, and Max Gershenoff, members of the firm’s Litigation and Appeals Practice Group won a major victory for plaintiff New York debt collection attorneys in Eric M. Berman, P.C. v. City of New York, 2012 U.S. Dist. LEXIS 143313 (E.D.N.Y. 2012), when United States District Judge Eric N. Vitaliano struck down key parts

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Evan Krinick, Max Gershenoff and Michael Versichelli secure complete dismissal, on reconsideration, of a putative federal class action.
September 9, 2012 | Insurance Coverage | Employment & Labor | Appeals

Evan Krinick, Michael Versichelli, and Max Gershenoff of Rivkin Radler’s Litigation and Appeals practice group secured the complete dismissal, on reconsideration, of a putative federal class action against State Farm Mutual Automobile Insurance Company, entitled Servedio v. State Farm Mut. Auto. Ins. Co., E.D.N.Y. Docket No. CV 10-1458. The aspiring lead plaintiff had contended, among

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Rivkin Radler Team Secures Dismissal of More Than $30,000,000 in RICO Claims Against The National Conference of Insurance Guaranty Funds, Inc.
August 21, 2012 | Employment & Labor | Appeals

Barry Levy and Max Gershenoff of Rivkin Radler LLP’s Litigation and Appeals practice group today secured the dismissal with prejudice of more than $30,000,000 in civil RICO claims against The National Conference of Insurance Guaranty Funds, Inc., in a Southern District of New York case entitled Petrosurance, Inc. v. National Association of Insurance Commissioners, et

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Identifying and Combating No Fault Fraud
May 10, 2012

Members of Rivkin Radler’s Litigation & Appeals Practice Group presented a conference entitled, “Identifying and Combating No Fault Fraud.”  No Fault insurance fraud continually evolves, and presents new challenges every day. 

This half-day program and luncheon was a unique opportunity to hear experienced insurance company counsel discuss the latest trends in No Fault fraud, including medical

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Rivkin Radler Team Wins Major Victory For New York Auto Insurers.
June 16, 2011 | Appeals | Insurance Coverage | Employment & Labor

Rivkin Radler LLP led the effort which today secured a major victory for the New York automobile insurance industry, after the Supreme Court, Nassau County dismissed a laundry-list of claims against a broad range of insurers by a No-Fault healthcare provider which contended that the insurers’ verification requests were improper. In MDJ Medical, P.C. v. Hertz

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