Appeals


Rivkin Team Scores Victory in the Appellate Division, Fourth Department
August 23, 2019 | Appeals

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

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18 Rivkin Radler Attorneys Named to Best Lawyers in America®
August 15, 2019 | Insurance Coverage | Health Services | Labor & Employment | Construction | Commercial Litigation | Appeals | Trusts & Estates | Real Estate, Zoning & Land Use

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,

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Honig quoted in THE CITY
June 14, 2019 | Construction | Commercial Litigation | Appeals

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.”

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New York’s highest court decides Carothers case, holding that a finding of fraud is not required for an insurer to withhold payments to a medical service corporation that violates material licensing requirements
June 11, 2019 | Insurance Fraud | Appeals

Andrew Carothers, M.D., P.C. v. Progressive Insurance Company, et. al.

June 11, 2019 – Albany, NY – In a major victory for the insurance industry, the New York Court of Appeals, the highest court in New York, has affirmed the 2017 order of the Appellate Division upholding the trial verdict and judgment in favor of

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Hardy, Korman and Mascia Successful on Appeal
May 30, 2019 | Appeals

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

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Honig, Korman and Mascia Successful on Appeal
May 29, 2019 | Appeals

In this commercial real estate partition action, the Appellate Division, First Department affirmed the lower court’s order granting our clients’ motion for summary judgment and directing that the subject building in Manhattan be partitioned and sold at auction.  The firm convinced the Appellate Division that plaintiffs had established their entitlement to partition as a matter

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Honig Quoted in NY Post
May 13, 2019 | Construction | Commercial Litigation | Appeals | Real Estate, Zoning & Land Use

Cheryl Korman, Jeremy Honig and Erez Glambosky successfully obtained an emergency injunction from the Appellate Division, First Department preventing the opening of a homeless shelter in a dangerously, unsafe building.

Honig was quoted in the New York Post article, “Judge temporarily blocks ‘Billionaire’s Row’ homeless shelter.” The article discusses New York Mayor Bill de Blasio’s

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Boyd and Korman Victorious on Appeal in Premises Liability Case
May 2, 2019 | Appeals

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

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Grill, Korman, Schieber and Gise Win Case Impacting Condo Development Liability
April 9, 2019 | Construction | Commercial Litigation | Appeals | Real Estate, Zoning & Land Use

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

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Korman and Mascia Co-Chair and Present at NY Appellate Practice CLE Program
April 2, 2019 | Appeals

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,

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