Appeals


Rivkin Radler Welcomes New Associate Diana Rivkin
May 20, 2015 | Appeals
Uniondale,  New York ? May 2015 ? Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Diana Rivkin, who joined the firm in September 2014, has been admitted to practice law in the State of New York. Diana Rivkin, of Dix Hills, is a member of the Firm’s Litigation & Appeals Practice Group.  …
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Judge Hart Memorial Scholarship Presented to Two Hofstra Law Students
May 17, 2015 | Appeals
Rivkin Radler Partner, Michael Troisi, has presented the Judge Edward J. Hart Memorial Scholarship for Trial Advocacy to Andres Sanchez and Aaron Spurlock, recent graduates of Maurice A. Deane School of Law at Hofstra University. The Judge Edward J. Hart Memorial Scholarship for Trial Advocacy was created in honor of Edward Hart, a distinguished judge …
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McAloon co-chair of 2015 Spring Meeting of the ABA TIPS Property Insurance Law Committee
May 7, 2015 | Appeals
Sean McAloon, a member of the Firm’s Litigation & Appeals Practice Group, is a Program Co-Chair of the ABA TIPS Property Insurance Law Committee Spring CLE Meeting being held in San Antonio, TX, May -7th through May 9th. The meeting is titled, “From Claim to Verdict: Litigating The Complex Commercial Property Insurance Claim.”      Click here …
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Troisi presenter at 2015 Spring Meeting of the ABA TIPS Property Insurance Law Committee
| Appeals
  Michael Troisi will be presenting at the ABA TIPS Property Insurance Law Committee Spring CLE Meeting being held in San Antonio, TX, May -7th through May 9th. The meeting is titled, “From Claim to Verdict: Litigating The Complex Commercial Property Insurance Claim.”  Michael’s presentation will focus on proper techniques in investigating complex commercial fire …
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Glambosky and Honig Obtain Critical Victory for Naftali Group
April 16, 2015 | Appeals
For the second time this month, Erez Glambosky and Jeremy Honig obtained a critical victory for developer/landlord Naftali Group against a tenant who challenged the regulatory status of his apartment.  The Division of Housing and Community Renewal (“DHCR”) denied the tenant’s fair market rent appeal, rejecting tenant’s argument that the initial rent at the time …
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Rivkin Radler welcomes new Counsel to the firm
April 8, 2015 | Intellectual Property | Appeals
Nancy Del Pizzo has joined the firm as Counsel in the Intellectual Property and Litigation & Appeals practice groups.  Nancy helps solve commercial disputes, including those involving intellectual property matters such as trademark, trade dress, copyright and patent infringement, domain name disputes, source codes, misappropriation of trade secrets and unfair competition, defamation, libel and trade …
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Miller appointed co-editor in chief for the American Bar Association
April 7, 2015 | Appeals | Insurance Coverage | Intellectual Property
Our partner, Greg Miller has been appointed as a co-editor in chief for the ABA’s new social media platform, Section of Litigation, Insurance Coverage Litigation Committee (ICLC).  His committee will be tasked with generating and distributing insurance coverage content through various social media platforms, as well as raising awareness of key insurance coverage issues and developing a mechanism …
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Glambosky and Honig win on behalf of New York City Landlord.
April 3, 2015 | Appeals
Erez Glambosky and Jeremy Honig obtained an important and substantial victory for developer/landlord Naftali Group in a hotly contested Civil Court, New York County residential holdover proceeding.  The Court granted the landlord’s motion for summary judgment and rejected the tenant’s defense that the apartment was rent stabilized because the prior landlord engaged in a fraudulent …
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Rivkin Radler welcomes new partner
April 1, 2015 | Appeals | Insurance Coverage | Intellectual Property
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Gregory D. Miller has joined the firm as a Partner in the firm’s Insurance Coverage & Litigation, Intellectual Property and Litigation & Appeals Practice Groups, resident in the New Jersey office. Greg has more than 20 years of experience in civil litigation and …
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Rivkin Radler welcomes six new attorneys
March 30, 2015 | Corporate | Insurance Coverage | Trusts & Estates | Appeals
Uniondale,  New York ? April 2015 ? Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Gregory Cayne, Chloe Fine, Priscilla Kam, Jordan Mamorsky,  Jenny Sinyoung Shin, and Alex Silverman have joined the Firm. “The partnership is delighted to welcome these new attorneys.  They add to the stature of our firm and our …
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Troisi presenting on panel for ABA Insurance Coverage Litigation Committee CLE Seminar
March 6, 2015 | Appeals | Insurance Coverage
Michael Troisi, a partner in the firm’s Insurance Coverage & Litigation and Litigation & Appeals Practice Groups presents at the ABA Insurance Coverage Litigation Committee CLE Seminar in Tucson, Arizona.  The topic is “Pre-Litigation Communications Between Insurers and their Attorneys–Can Any Privilege Prevail?” …
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Rivkin Radler welcomes new associate
January 31, 2015 | Appeals
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Thomas P. Brennan has joined the Firm in the Litigation & Appeals and White Collar, Investigations and Compliance Advisory Practice Groups. “My partners and I are delighted to welcome Thomas to Rivkin Radler,” said Evan Krinick. “His experience and commitment to professional excellence …
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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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Robertelli Victorious on Appeal
January 8, 2015 | Professional Liability | Appeals | Employment & Labor | Insurance Coverage
John Robertelli successfully vacated a 10 million dollar verdict in the case of Youn Wha Jung v. Village of Ridgewood. The remaining claims will be sent for retrial. …
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Rivkin Radler Welcomes Six Attorneys
January 5, 2015 | Appeals | Complex Torts & Product Liability | Directors & Officers Liability | Health Services | Insurance Coverage
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Francine Adler, Matthew Feinman, Frank Holahan, Adam Kominsky, Russell Sass, and Andreea Stefanescu have joined the Firm. “The partnership is delighted to welcome these new attorneys.  They add to the stature of our firm and our goal to ever strive for excellence in …
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Rivkin Radler Elects Four New Partners
January 1, 2015 | Appeals | Complex Torts & Product Liability | Employment & Labor | Health Services
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Jacqueline Mecchella Bushwack, Justin Calabrese, Scott Green and Geoffrey Kaiser have been elected Partners. “These attorneys are exceptionally talented and we are proud to call them our partners.  In addition to their impressive legal accomplishments, they are active members of the …
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Strober Wins Complete Summary Judgment
December 31, 2014 | Appeals
Eric Strober was successful in winning complete summary judgment on a “toxic mold” case that had gone on for 10 years of litigation.  The case was brought against a landowner alleging injuries on behalf of a father and daughter as a result of mold exposure. Please click the link below to view the Decision. Adobe Reader …
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Grill and Tare Victorious
| Appeals
David Grill and Joshua Tare were victorious in defeating a tenant’s pre-answer motion to dismiss a summary non-payment proceeding.  The Tenant sought dismissal of the proceeding based upon the following grounds: (i) improper service of the Petition, (ii) the additional rent items sought in the Petition were not appropriate for a summary proceeding, (iii) the rent demand …
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Savino Quoted in New York Law Journal
| Appeals
William M. Savino was quoted in a recent New York Law Journal article. The article entitled, “Supreme Stimulus” discusses changes in how the state Supreme Court will handle commercial litigation cases. …
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Grill and Tare Defeat Complaint
December 23, 2014 | Appeals
David Grill and Joshua Tare, members of the Firm’s Litigation & Appeals Practice Group, were victorious in defeating a tenant’s rent overcharge complaint and failure to renew lease complaint at the Division of Housing and Community Renewal.  Tenant alleged that her rental apartment was subject to rent stabilization and that the landlord had charged more …
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Barry Levy and Ryan Goldberg obtain favorable judgment
December 22, 2014 | Appeals
Barry Levy and Ryan Goldberg obtained a Judgment in favor of GEICO in excess of $1,700,000.00, in a major federal RICO fraud case, against three lay-person “ringleaders” who spearheaded a massive fraudulent scheme to defraud GEICO. Please click the link below to view the Decision. Adobe Reader is required to view the bulletin. If Adobe …
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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 Prevails on behalf of Allstate in New York Court of Appeals
November 30, 2014 | Appeals
Lead by Barry I. Levy, Evan Krinick, Alan Eagle and Henry Mascia, Rivkin Radler’s Litigation and Appeals Group successfully represented Allstate Insurance Company in the most recent challenge launched against the Company in New York in the lead paint coverage arena.  Rivkin Radler was retained solely for the Court of Appeals briefing and argument, and …
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Rivkin Team Victorious In The Second Circuit Court of Appeals
November 25, 2014 | Appeals | Employment & Labor
John Diviney, Cheryl Korman, Merril Biscone and Scott Green were victorious in a Second Circuit Court of Appeals decision affirming a summary judgment win on behalf of their client, a major New York based school bus operator, on claims of interference and retaliation under the Family and Medical Leave Act by a former employee. The …
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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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Savino elected a Fellow
November 1, 2014 | Appeals | Insurance Coverage
William Savino, a partner in the Firm’s Insurance Coverage & Litigation and Litigation & Appeals Practice Groups, has been elected a Fellow of the New York Bar Foundation. The Fellows of the New York Bar Foundation are members of the bench and bar who are recognized for outstanding professional achievement, for dedication to the legal …
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Krinick elected a Fellow
| Appeals
Managing Partner, Evan Krinick has been elected a Fellow of the New York Bar Foundation. The Fellows of the New York Bar Foundation are members of the bench and bar who are recognized for outstanding professional achievement, for dedication to the legal profession, and for commitment to the organized bar. Each Fellow makes a commitment …
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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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Ade Named a 2014 New Jersey Super Lawyer
| Appeals | Insurance Coverage
Rivkin Radler LLP is pleased to announce that Brian Ade, a partner in the Firm’s New Jersey office, has been named to the 2014 New Jersey Super Lawyers list. Being named a Super Lawyer is a tremendous honor reserved for only the top 5% of all lawyers in a given state or region. Super Lawyers, a …
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Korman a speaker at NYS Bar Association
October 17, 2014 | Appeals
Cheryl Korman will be a speaker at the New York State Bar Association’s program entitled, “Update On Practice in the 2D Circuit Court of Appeals 2014.”  Ms. Korman’s topic will be, “Pitfalls For the Unwary.” About the program: The Committee on Courts of Appellate Jurisdiction is pleased to offer this timely, half-day course on key …
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Grill, Schieber and Bank secure victory
October 15, 2014 | Appeals
David Grill, Evan Schieber and Brian Bank secured a victory before the Supreme Court, New York County in an action seeking damages against our client for the intentional infliction of emotional distress.   The Court agreed with the Firm’s argument that the plaintiff did not allege conduct that was so outrageous in character to meet its …
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Rivkin Radler Attorneys Named As 2014 New York Metro SuperLawyers
October 1, 2014 | Corporate | Health Services | Directors & Officers Liability | Appeals
UNIONDALE, NY ? 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 …
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Bushwack Among LIBN 50 Most Influential Women
September 30, 2014 | Appeals | Complex Torts & Product Liability | Health Services
Jacqueline Mecchella Bushwack has been named among Long Island’s 50 Most Influential Women by the Long Island Business News.  Jacqueline is a member of the Health Services, Litigation & Appeals and Product Liability & Toxic Tort Practice Groups.  Launched in 2000, the Top 50 Program honors the Island’s premier professional women for their exceptional accomplishments, …
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McAloon publishes article
| Appeals | Insurance Coverage
Sean McAloon, an attorney in the firm’s Insurance Coverage & Litigation and Litigation & Appeals Practice Groups, has published an article entitled, “When Policy Limitation Provisions Collide,” in the ABA TIPS Property Insurance Law Committee’s 2014 Fall Newsletter.  The article analyzes the New York Court of Appeals decision in Executive Plaza, LLC v. Peerless Ins. …
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Troisi recipient of “Leadership In Law” award
| Appeals
Partner Michael A. Troisi has received Long Island Business News’ Leadership in Law Partner Award.  This honor recognizes individuals who demonstrate dedication, hard work, skill, tenacity and excellence, as well as leadership qualities in both the legal profession and in the community.  Mike is a Partner in Rivkin Radler’s Insurance Coverage & Litigation and Litigation & Appeals …
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Welch and McAloon obtain complete pre-answer dismissal
September 24, 2014 | Appeals | Insurance Coverage
Michael Welch and Sean McAloon obtained a complete pre-answer dismissal of a Complaint on behalf of our client, State Farm Fire & Casualty Company, in an action wherein the Plaintiffs, Richard and Mary Bennett, sought compensatory damages arising out of an oil spill on their property and the subsequent remediation of the spill, as well …
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Merkrebs wins defendant’s verdict
September 23, 2014 | Appeals
Howard Merkrebs took a defendant’s verdict in Bronx County on behalf of State Farm insureds in Muniz v. Aponte. Plaintiff claimed that a rear-end collision caused herniated spinal discs and nerve damage and sought an award of $1 Million in damages. …
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DeHaven obtains dismissal
September 19, 2014 | Appeals
George DeHaven obtained a dismissal in favor of client, Carlisle Roofing, following a jury trial in Suffolk County in a “slip and fall” case involving a local movie theatre.  The suit claimed negligence in connection with certain roof repairs that led to a leak during a rainstorm and a wet floor over which the plaintiff …
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Sirignano and Goldberg obtain favorable judgment
September 18, 2014 | Appeals
Michael A. Sirignano and Ryan Goldberg obtained a Judgment in favor of Liberty Mutual in the total amount of $5,021,433.69, in a major federal RICO fraud case .   Please click the link below to view the Decision. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click …
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Hardy defeats motion for summary judgment
September 11, 2014 | Appeals | Employment & Labor
Tamika Hardy successfully defeated a CPLR 3213 motion for summary judgment in the Supreme Court, Nassau County on behalf of client Dominick Golia, M.D. in an action wherein the plaintiff, George Hyman, M.D., another doctor, attempted collect on a guarantee executed by Dr. Golia in connection with his purchase of Dr. Hyman’s medical practice.  The …
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Glambosky, Schieber and Honig deliver victory for Board of Managers
August 31, 2014 | Appeals
Erez Glambosky, Evan Schieber and Jeremy Honig won a significant victory on behalf of Windsor Park Condominium (“Windsor Park”).  In this classic David and Goliath narrative, a developer sought to impose upon its neighbor, Windsor Park, burdensome living conditions during the developer’s construction of one of the largest residential buildings in New York City, on …
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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 Radler Welcomes Joshua Smith
August 18, 2014 | Appeals
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Joshua Smith has joined the firm as a Associate in the firm’s Litigation & Appeals Practice Group. “My partners and I are delighted to welcome Joshua to Rivkin Radler.  He adds to the stature of our firm and our goal to ever strive …
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Richman and Romeo obtain summary judgment
August 12, 2014 | Complex Torts & Product Liability | Appeals
David Richman and Jason Romeo obtained summary judgment on behalf of their client, Xenophon Xenophontas dismissing claims that the doctor committed medical malpractice in connection with the care and treatment of a patient who developed a deep vein thrombosis (DVT) following performance of back surgery at Mercy Medical Center. It was claimed that Dr. Xenophontas, a …
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Barry Levy and Scott Green secure pre-answer dismissal
August 6, 2014 | Appeals
Barry I. Levy and Scott Green secured a pre-answer dismissal of a wage and hour class action claim filed against GEICO by a former automobile damage adjuster.  In a United States District Court Judge Joanna Seybert agreed with GEICO that plaintiff failed to properly allege that the company violated Federal or New York State wage …
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Versichelli and Bank obtain pre-answer dismissal of all claims against client
July 22, 2014 | Appeals
Michael Versichelli and Brian Bank, members of the firm’s Litigation & Appeals Practice Group, obtained victory on behalf of client Kenneth Kalb by securing the pre-answer dismissal of all claims against him in a complex commercial dispute.  The dispute arose out of a contract entered into between Travelsavers Enterprises, Inc. d/b/a Travelsavers Partner Services (“Travelsavers”), …
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Schieber obtains summary judgment
July 18, 2014 | Appeals
Evan Schieber obtained summary judgment dismissing a third party action against his clients, Levine Sewell Associates, Lawrence Levine and Martin Levine in a multi-party action brought by Keyspan.  In the action, Keyspan seeks damages from, among other parties 110 Hempstead Management LLC, (“Hempstead”) the current owner of certain real property located in Nassau County based …
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Versichelli and Welch obtain dismissal of a putative class action
June 30, 2014 | Appeals
In one of only a handful of decisions nationwide to address the issue, Rivkin attorneys Michael Versichelli and Michael Welch obtained dismissal of a putative class action brought by an insured against his automobile insurer, GEICO, alleging that GEICO breached the policy and engaged in deceptive business practices by specifying non-Original Equipment Manufacturer (non-OEM) structural …
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Rivkin Radler secures Declaratory Judgment on behalf of Central Mutual Insurance Company
June 27, 2014 | Appeals | Insurance Coverage
William Savino, Paul Gorfinkel and Frank Misiti secured a declaratory judgment in Central Mutual Insurance Company v. Willig, et al., (N.D.N.Y.) that the insurer had no obligation to defend or indemnify the insured for an underlying lawsuit which sought damages arising out of the right to use an easement to access the shores of Lake George.  …
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Rivkin Team Scores Victory for GEICO in Second Circuit
June 17, 2014 | Appeals | Insurance Coverage
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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