Recent News - Appeals
October 2, 2019 |
David M. Grill and Evan Schieber secured a decisive win at the Appellate Division for developers in New York.
In unanimously denying a condominium board’s application to reargue or seek leave to appeal to the Court of Appeals, the First Department, in the matter of The Board of Managers of the Modern Condominium v 350-52
Read MoreOctober 2, 2019 |
Evan Schieber, Jeremy Honig and Henry Mascia secured an appellate court victory by reversing a trial court order dismissing the client’s complaint.
In Garendean v 14 Lincoln Place et al, the trial court dismissed the plaintiff’s action against the seller of a building that sought damages for fraud and breach of contract based on the
Read MoreAugust 23, 2019 |
In an action involving the assignee of certain claims for no-fault benefits, the Appellate Division, Fourth Department reversed the lower court’s decision and dismissed plaintiff’s sole cause of action for prima facie tort against our insurance client. Specifically, the Court concluded that the complaint was devoid of facts to support two critical elements of prima facie
Read MoreAugust 15, 2019 | | | | | | | |
Uniondale, New York – August 15, 2019 – The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2020. Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows:
Albany,
Read MoreJune 14, 2019 | | |
Jeremy Honig was quoted in THE CITY article, “State Agency Stalls Open of Billionaires’ Row Homeless Shelter.”
In the continuing effort to prevent the opening of a homeless shelter in a dangerously, unsafe building, Honig stated, “In order to prevent needless injury or loss of life while the appeal is pending … refrain from issuing any certification.”
Read MoreMay 30, 2019 |
In this action to enforce a judgment against the firm’s clients, the Appellate Division, Second Department affirmed a Supreme Court order disqualifying Plaintiff’s attorney, who had previously represented the firm’s clients and their family members in two unrelated matters. The firm convinced the Second Department that a substantial risk of prejudice to defendants existed because
Read MoreMay 2, 2019 |
J’Naia L. Boyd and Cheryl F. Korman obtained victory in a premises liability case at the Appellate Division, First Department. The plaintiff commenced the action to recover for injuries sustained when she tripped and fell on an alleged sidewalk defect in front of the abutting premises where our client, the contractor, had been hired to
Read MoreApril 9, 2019 | | | |
A new Appellate Division, First Department ruling has major implications for condominium boards seeking to sue individual members of a sponsor entity for construction defects.
Previously, alter ego claims against individual members of the sponsor entity were justified based on the allegation that the developer, which is often a single-purpose entity, did not maintain separate
Read MoreApril 2, 2019 |
Cheryl Korman and Henry Mascia will co-chair and present at the New York Appellate Practice Continuing Legal Education Program. Korman and Mascia will be speaking on effective brief writing and oral argument. Korman will be presenting at the Long Island Marriott on Thursday, April 4, and Mascia will be presenting at the Westchester Marriott on Monday,
Read MoreJanuary 8, 2019 |
Cheryl Korman has been featured in the January/February 2019 issue of the New York State Bar Association Journal, “The Moment Is Now.”
Click here to read.
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