Recent News - Kenneth A. Novikoff


Grill, Novikoff and Schieber Strike Plaintiff’s Jury Demand
April 5, 2022 | Commercial Litigation

In a high-profile case involving a well-known fashion photographer who claims to have invested millions in connection with a condominium project developed by our client, Rivkin Radler persuaded the lower court that the plaintiff’s strategy of mixing claims for legal and equitable relief deprived the plaintiff of a right to a jury.

The First Department

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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
January 19, 2022 | Employment & Labor

Kenneth Novikoff’s Autumn issue of the Employment Law Reporter was published as a column in the Employee Relations Law Journal.

Read the full column here.

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Rivkin Radler Attorneys Named 2021 New York Metro Super Lawyers
October 1, 2021

Rivkin Radler LLP is pleased to announce that 30 attorneys were named to the 2021 New York Metro Super Lawyers List and 13 attorneys were named 2021 New York Metro Rising Stars. Following is a list of attorneys and the practice areas for which they were recognized.

Being named a Super Lawyer is a tremendous

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Hardy and Novikoff Secure Summary Judgment and Dismissal for Accounting and Tax Firm Client
December 9, 2020 | Commercial Litigation

Tamika Hardy and Ken Novikoff successfully secured summary judgment on behalf of our client, an accounting and tax firm that prepares personal, corporate and business tax returns and provides tax planning services. The judgment holds the defendant,  a former employee of the firm, liable for his violation of  a Confidential Nonsolicit and Noncompete Agreement (CNNA)

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Rivkin Radler Attorneys Named As 2020 New York Metro Super Lawyers
October 28, 2020 | Construction | Medical Malpractice Defense | Insurance Coverage | Health Services | General Liability | Employment & Labor | Commercial Litigation | Bankruptcy | Appeals | Compliance Investigations & White Collar | Trusts & Estates | Real Estate, Zoning & Land Use | Professional Liability

Rivkin Radler LLP is pleased to announce that 23 attorneys were named to the 2020 New York Metro Super Lawyers List and 13 attorneys were named 2020 New York Metro Rising Stars. Following is a list of attorneys, the practice areas for which they were recognized, and the years they were included in Super Lawyers.

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Novikoff Quoted in MarketWatch Article
June 2, 2020 | Employment & Labor

Ken Novikoff was quoted in the MarketWatch article, “A lawyer’s job hangs in the balance after charges in Molotov cocktail attack — but it can take less to get fired during off hours.”

The article discusses the recent protests across the country and employees’ right to protest outside of work hours in the private workplace.

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Novikoff Speaks to Morningstar about Amazon
January 3, 2020 | Employment & Labor

Ken Novikoff was interviewed about Amazon’s alleged threats to fire workers who complained to the media about the company’s environmental stance.

Ken noted that the First Amendment does not extend to jobs with private employers, of which Amazon is one.

To read the article, click here.

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Novikoff, Eagle and Gurdus Obtain a Trial Verdict in Favor of Seneca and Its Insureds
July 29, 2019 | Insurance Coverage

Ken Novikoff, Alan Eagle and Jason Gurdus obtained a verdict in favor of Seneca Insurance Company and its insureds against another carrier in a trial before Judge Carol Bagley Amon in the United States District Court, Eastern District of New York.  The other carrier refused to pay $1 million under its policy for an underlying

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Novikoff and Casalini Obtain Preliminary Injunction for R&G Brenner Income Tax
February 22, 2019 | Employment & Labor | Commercial Litigation

Ken Novikoff and Rosalinde Casalini, after an evidentiary hearing, obtained a preliminary injunction in favor of R&G Brenner Income Tax, enjoining its former senior tax preparer in one of its Queens offices, for a period of two years, from soliciting and/or servicing any of its clients in that office.

Additionally, the Supreme Court, Nassau County

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Novikoff Quoted in MarketWatch
November 2, 2018 | Employment & Labor

Ken Novikoff was quoted in a MarketWatch article, “Want to stage a protest like Google workers?”

Click here to read the article.

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Bankruptcy Court Grants Rivkin Radler’s Motion to Dismiss Bankruptcy Case
September 25, 2018 | Bankruptcy

The Bankruptcy Court for the Southern District of New York granted our client’s motion to dismiss a bankruptcy case.  Previously, in the State Court, Rivkin Radler attorneys, Tamika Hardy and Ken Novikoff obtained a preliminary injunction on behalf of the management company and the board of a New York City Housing Development Finance Corporation (the

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Novikoff Receives Dismissal Of Age/Gender-Based Discrimination Suit
July 27, 2018 | Employment & Labor

In Braun v. Administrators For The Professions, Inc., et. al.,  Plaintiff, a former high-level executive earning approximately $1 million shortly before her termination, sued Defendants, alleging that the termination was based upon her age and gender, as well as that she was forced to endure a hostile work environment also because of her age and

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Novikoff and Diviney Describe Harassment Prevention Strategies in LIBN
February 27, 2018 | John K. Diviney | Kenneth A. Novikoff | Employment & Labor

Ken Novikoff and John Diviney are featured in an article published in the Long Island Business News, “Listening To Women In the Workplace.”

Click here to read.

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Novikoff and Green Successfully Block Injunction
January 25, 2018 | Kenneth A. Novikoff | Employment & Labor

In an action pending in the Nassau County Commercial Division, Ken Novikoff and Scott Green were successful in persuading the Supreme Court to vacate the TRO initially issued barring its client, Catherine Scalia, from working for TrueCar, an alleged competitor of her former employee, the multi-billion-dollar, multinational company Cox Automotive, and deny Cox’s motion for

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Korman and Novikoff to Speak on Workplace Sexual Harassment
January 11, 2018 | Cheryl F. Korman | Kenneth A. Novikoff | Employment & Labor

Cheryl Korman will be the moderator and Ken Novikoff will be on the panel of a program offered by the Long Island Association and The Women’s Collaborative entitled, “Sexual Harassment in the Workplace – Taking Action to Educate and Prevent Abuse.”

The program features keynote speaker Senator Kirsten Gillibrand and the panel is rounded out

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Novikoff Secures Second Circuit Affirmance of Summary Judgment for the Archdiocese of New York
July 17, 2017 | Employment & Labor

In a case of first impression, Ken Novikoff, working with the Beckett Fund for Religious Liberty, secured summary judgement on behalf of our client, the Roman Catholic Archdiocese of New York.

The U.S. Court of Appeals for the Second Circuit unanimously ruled that although a former principal of a parochial school within the Archdiocese did

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Novikoff and Hardy Obtain Order Disqualifying Attorney and Vacating Restraining Notice
April 3, 2017 | 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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Novikoff Receives Defense Verdict In Reverse Race Discrimination Trial
January 31, 2017 | Employment & Labor | Commercial Litigation

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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Rivkin Radler Attorneys Named As 2016 New York Metro Super Lawyers
October 11, 2016 | Insurance Coverage | Health Services | Construction | Commercial Litigation | Bankruptcy | Appeals | Compliance Investigations & White Collar | Real Estate, Zoning & Land Use | 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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Novikoff Secures Dismissal of Federal Fair Debt Claim Against Law Firm Client
June 9, 2016 | Employment & Labor | Commercial Litigation

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 Siegel Obtain Summary Judgment for the Roman Catholic Archdiocese of New York in Case of First Impression in the United States
March 30, 2016 | Employment & Labor

Ken Novikoff and Jacqui Siegel secured summary judgment on behalf of our client, the Roman Catholic Archdiocese of New York, in a case of first impression in the United States. Plaintiff, a “lay” Principal of one of the Archdiocese’s parochial schools, asserted a Title VII employment discrimination claim against the Archdiocese, the local church and

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Barrella v. Village of Freeport
February 16, 2016 | Employment & Labor | Commercial Litigation

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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Novikoff and Schieber Victorious
November 12, 2015 | Appeals | Real Estate, Zoning & Land Use

Ken Novikoff and Evan Schieber successfully defended a prominent New York City real estate developer in a $10,000,000 lawsuit after a three week trial in Supreme Court, New York County.  Plaintiff sought to impose a constructive trust over hundreds of acres of waterfront property belonging to our client in Sullivan County.  Plaintiff sued for breach

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Rivkin Radler Attorneys Named As 2015 New York Metro SuperLawyers
October 1, 2015 | Appeals | Health Services

Rivkin Radler LLP is pleased to announce that sixteen attorneys have been named to the 2015 New York Metro Super Lawyers List and four attorneys were named as New York Metro Rising Stars.  Rivkin attorneys were named SuperLawyers in the categories of Appellate Law, Bankruptcy, Business Litigation, Construction Litigation, Health Care Law, Insurance Coverage and

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Rivkin Team Victorious
December 17, 2014 | Appeals

Novikoff, Schieber, and Bholan obtained victory for the Firm’s client, a cooperative corporation, in a case brought by one of its shareholders alleging fraud and breach of contract claims based upon a theft by the coop’s agent of over $800,000 over a six year span.  The Firm defeated a motion for summary judgment filed by

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Rivkin Radler Attorneys Named As 2014 New York Metro SuperLawyers
October 1, 2014 | Appeals | Directors & Officers Liability | Corporate | Health Services

Rivkin Radler LLP is pleased to announce that seventeen attorneys were named to the 2014 New York Metro Super Lawyers List and four attorneys were named as New York Metro Rising Stars.  Rivkin attorneys were named SuperLawyers in the categories of Bankruptcy, Health Care Law and Business Litigation. Below are the honorees from these categories:

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Novikoff and Hardy obtain pre-answer dismissal
August 28, 2014 | Employment & Labor | Appeals

Ken Novikoff and Tamika Hardy successfully obtained a pre-answer dismissal of a tortious interference with contract claim against clients Lindsay Park Housing Corp and Board President Cora Austin in federal court in the Eastern District of New York.  The Court agreed with defendants that an employee handbook provided by the co-defendant to plaintiff did not

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Rivkin Team Scores Victory for GEICO in Second Circuit
June 17, 2014 | Insurance Coverage | Appeals

Barry I. Levy, Cheryl Korman and Merril Biscone successfully convinced the Second Circuit to affirm the dismissal of a former employee’s retaliation claim against GEICO. 

The plaintiff, a former New York based auto damage supervisor, asserted Federal and New York State claims against GEICO, alleging that the company had retaliated against him by terminating his

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Novikoff and Siegel published in TIPS Newsletter
May 31, 2014 | Employment & Labor | Directors & Officers Liability | Appeals

Ken Novikoff and Jacqueline Siegel, members of the firm’s Employment & Labor Practice Group, have published, “New York City Settles Employment Discrimination Case for $98 Million,” and “Second Circuit Upholds Employer’s Ability To Curtail Employee Class Action Law Suits,” in the Spring 2014 TIPS Employment Law & Litigation Newsletter. 

Please click the link below to view

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Rivkin Radlers Obtains Significant Victory on behalf of Olympic Gold Medal Winning Basketball Coach Geno Auriemma
April 16, 2014 | Employment & Labor | Appeals

Cheryl Korman, Barry Levy and Ken Novikoff obtained a significant victory on behalf of Olympic Gold Medal Winning Basketball Coach Geno Auriemma when the Appellate Division affirmed the trial court’s summary dismissal of the complaint filed by an NBA employee, alleging violations by Mr. Auriemma of the State and City Human Rights Laws.

Please click

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Ken Novikoff, Barry Levy and Brian Bank Obtain Victory
April 17, 2013 | Employment & Labor | Appeals

Ken Novikoff, Barry Levy and Brian Bank, members in the firm’s Employment & Labor and Litigation & Appeals Practice Groups, obtained victory on behalf of Geno Auriemma, Head Coach of the 2012 United States Women’s Olympic Basketball Team in a nationally publicized employment discrimination lawsuit commenced by an employee of the NBA.  The New York

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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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Ken Novikoff obtains victory in alleged violation of Fair Credit Report Act
March 31, 2012 | Employment & Labor | Appeals

Ken Novikoff obtained dismissal of a complaint alleging violation of Fair Credit Report Act in Caldwell v. Gutman, Mintz, Baker & Sonnefeldt, P.C., venued in the United States District Court for the Southern District of New York.

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Ken Novikoff obtains dismissal of a complaint seeking damages in excess of $15,000,000.
February 8, 2012 | Employment & Labor | Appeals

Ken Novikoff, a partner in the firm’s Employment & Labor and Litigation & Appeals Practice Group, has obtained the dismissal of a complaint seeking damages in excess of $15,000,000 for alleged fraudulent transfers and tortious interference with a contract in Paradigm Spine, Inc. v. Viscogliosi Brothers, LLC., et. al., venued in the United States District

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