In the ongoing battle over Century 21 Department Store’s lease in New York City, the Appellate Division, First Department handed Century 21 another significant legal victory.

The Rivkin team, led by Evan Krinick, David Grill and Evan Schieber, successfully defeated the landlord’s second attempt to reargue the Appellate Division’s unanimous affirmance of the Supreme Court’s

David Grill and David Gise won a critical victory to usher in 2024 for a major New York City restaurateur from Hon. Arthur F. Engoron of the New York Supreme Court related to a complex but important dispute over the right of a lienor to file multiple mechanic’s liens when the initial lien had been

The Appellate Division, First Department handed Century 21 another critical and decisive legal victory in the ongoing dispute over the fate of the famed department store.

Century 21’s longstanding right to remain in its flagship store in lower Manhattan was fiercely challenged by its landlord who claimed that Century 21’s leasehold interest had been effectively

Rivkin Radler LLP is pleased to announce that 36 attorneys were named to the 2023 New York Metro Super Lawyers List and 17 attorneys were named 2023 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 an honor

Rivkin Radler, led by David Grill, Evan Krinick and Evan Schieber, secured a significant appellate win on behalf of famed retail fashion chain Century 21, Inc.

Emerging from the pandemic, Century 21 publicly announced its comeback and plan to relaunch its famous flagship store in lower Manhattan. However, the building’s owner had a different agenda

Rivkin Radler LLP is pleased to announce that 32 attorneys were named to the 2022 New York Metro Super Lawyers List and 14 attorneys were named 2022 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 an honor

The Best Lawyers in America has recognized Rivkin Radler LLP’s attorneys in its 2023 edition.

Two Rivkin attorneys, both of whom are based on Long Island, have been named Lawyer of the Year: William Cornachio for his work in Real Estate Law and William Savino for his work in both Insurance Law and Litigation-Insurance.

In

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

David M. Grill and Jeremy B. Honig scored a decisive victory after 7 months of litigation in a Real Property Actions and Proceedings Law §881 proceeding in Supreme Court, New York County. RPAPL §881 governs access to an adjoining property to make improvements or repairs.

We commenced the proceeding on behalf of our real estate

The prestigious Best Lawyers in America has again included Rivkin Radler LLP in its U.S. rankings for 2022. For the first time, the firm was recognized in the areas of tax and technology.

One Rivkin attorney, based in Albany, has been named Lawyer of the Year: Richard A. Frankel, for Trusts and Estates.

In addition,

The prestigious Best Lawyers in America has again included Rivkin Radler LLP in its U.S. rankings for 2022. For the first time, the firm was recognized in the areas of tax and technology.

One Rivkin attorney, based in Albany, has been named Lawyer of the Year: Richard A. Frankel, for Trusts and Estates.

In addition,

David M. Grill and Evan R. Schieber recently scored a major victory for a landlord client in an action against a commercial law firm tenant. The action was for breach of a lease due to the tenant’s abandonment of the premises and failure to pay rent. In National Association of Water Companies v CKR Law,

David M. Grill and Kenneth C. Murphy, members of Rivkin Radler’s Business Dissolution practice, recently had dismissed a Petition for Dissolution filed by the shareholder and one-third owner of a New York City medical practice. Plaintiff filed the dissolution proceeding under New York’s Business Corporation Law Section 1104-a seeking an expedited summary order of dissolution.

Rivkin Radler LLP recently obtained the dismissal of a lawsuit brought against the developer of a Brooklyn condominium by purchasers of a multi-million-dollar apartment. David M. Grill and Evan R. Schieber represented the developer. The purchasers brought on an emergency application, by order to show cause, seeking to stay the closing pending an adjudication of

On October 23, 2020, David M. Grill and Scott Feuer represented a regional developer in the leasing of an approximately 283,000 square foot warehouse and distribution center in Philadelphia, Pennsylvania to a major national retailer.

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.

David M. Grill and Evan R. Schieber successfully represented a sponsor-developer sued for fraud in connection with a condominium offering.

In Arisa 5 Franklin LLC v Broadway 371, LLC et al, Supreme Court, New York County, Index No. 154600/2018, the plaintiff, who was the purchaser of the commercial unit, claimed that the sponsor had materially

David M. Grill and Evan R. Schieber prevailed in defeating a motion seeking summary judgment on a breach of contract claim against our client, an equipment lessee.

Although there was no dispute that the client failed to make payments due under the equipment lease, we persuaded the Court that material issues of fact existed as

The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2021. For the first time, four Rivkin attorneys, all based in the firm’s Long Island office, have been named Lawyer of the Year:

Attorney                                Practice Area

Barry I. Levy                           Litigation-Health Care

Brian S. Conneely                  Employment Law-Management

Wendy H.

David M. Grill and Evan R. Schieber received a favorable decision in an action pending in Supreme Court, New York County, entitled National Association of Water Companies v  CKR LAW, LLP .

This action involves a payment dispute in connection with a sublease for property located in Washington D.C., which is governed by the laws of

On January 17, 2020, David M. Grill and Scott Feuer represented a New York City developer in the leasing of an approximately 150,000 square foot industrial building in Brooklyn, New York to a regional food bank.

David M. Grill and David Gise defeated an effort by a defaulting corporation to reargue a decision issued recently by Justice McCormack of the Nassau County Supreme Court. The two attorneys obtained a default judgment against a defendant corporation in which the defendant claimed the default should be excused because the defendant’s principal was unaware

David M. Grill and Evan R. Schieber received an extremely important victory for the landlord of a well-known Long Island shopping center regarding the interpretation of a co-tenancy provision. In Morton Village Realty Co., Inc. v. Sleepy’s LLC, et al., Supreme Court, Nassau County Index No. 610652/2018, the Court rejected Mattress Firm’s attempt to prematurely terminate

In a pivotal victory for the developer of the renowned Plaza Condominium, the firm succeeded in obtaining a complete dismissal of a multi-million dollar case involving numerous parties and numerous causes of action brought by a condominium board against the developer.  Adopting all of our arguments, the Court dismissed all 21 claims asserted against our

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

In a decision issued recently by Justice McCormack of the Nassau County Supreme Court, David M. Grill and David Gise obtained a default judgment against a defendant corporation where the defendant’s principal claimed the default should be excused because she was unaware that a corporation cannot appear pro se.

The corporation’s owner had tried and

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,

A recent ruling from the Supreme Court of Nassau County demonstrates the power of the judgment enforcement mechanisms of the CPLR when judgment-debtors fail to satisfy outstanding judgments.

In an effort to execute upon a judgment secured on behalf of our client, we commenced a special proceeding pursuant to CPLR 5206(e), seeking an order directing

A recent ruling from the Supreme Court of Nassau County illustrates the power of remedies available for enforcing judgments against recalcitrant debtors who refuse to turn over financial information in response to post-judgment discovery demands.

The plaintiff-judgment creditor issued a subpoena to the debtor, requesting the production of documents and a deposition from him, as

In a decisive victory for the developer of the famed Plaza Condominium, the firm succeeded in obtaining a complete dismissal in a case involving numerous parties and multiple causes of action brought by a condominium board against the developer.

In the Board of Managers of the Residential Section of the Plaza Condominium v CPS 1

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

David M. Grill, Evan R. Schieber, and Catalina E. De La Hoz secured summary judgment directing specific performance of a contract of sale on behalf of our client, the buyer of a multiple-dwelling residence in Brooklyn.  The dispute arose out of a contract of sale that required the sellers to, among other things, obtain, as

David M. Grill, Brian L. Bank, and Michelle A. Bholan secured summary judgment on behalf of their client, a landlord, against a former commercial tenant that breached a lease and against another entity owned by the tenant’s principals, based on a successor liability theory.

The commercial tenant, a Dunkin Donuts franchise, breached the lease when

David Grill and Evan Schieber defeated an application seeking leave to reargue the Appellate Division’s affirmance of a lower Court Order, or in the alternative, leave to appeal to the Court of Appeals for review of the Second Department decision confirming the discharge of a mortgage encumbering our client’s residence.

The Second Department had determined

David Grill and Pia Riverso were selected to become fellows in the Construction Lawyers Society of America (CLSA), an honorary society for construction attorneys, with membership by invitation only.

The CLSA Fellowship is limited to 1,200 active, practicing lawyers worldwide, and the number of Fellowships available to New York lawyers is capped at 85.

For

Scott Feuer, David Grill, Michael Schnepper and Matthew Lampert represented the Seller in the $18.85M sale of a 44-unit mixed-use building located in the West Village, New York, NY.

Tenant initially filed a rent overcharge complaint at The New York State Division of Housing and Community Renewal (DHCR).  The Rent Administrator held that the individual apartment improvements (IAI) alleged by the landlord to have been done in the apartment were proven and that there were no monies due to the tenant because the owner

In a contentious, hotly debated and widely misunderstood aspect of foreclosure law, the Appellate Division, Second Department sided with our borrower-client and affirmed the lower court’s order canceling a mortgage of record that encumbered a property situated in Old Westbury, N.Y.   In an aggressive and novel approach, we asked the lower court to expunge the

A commercial tenant commenced an action against a landlord asserting, in the main, that the landlord, through its broker, misrepresented the square footage of the demised premises and fraudulently induced tenant to enter into the lease based upon the representation that the useable square footage of the demised premises was much greater than it ultimately

Kenneth C. Murphy and David M. Grill obtained an Order dismissing Plaintiffs-Tenants Supreme Court action seeking a declaratory judgment that their apartment is subject to rent regulation.   In short, Plaintiffs commenced the underlying action seeking a declaratory judgment that their apartment is subject to New York’s Rent Stabilization Law (RSL) and the Rent Stabilization Code

David M. Grill and Michael Welch obtained a significant victory on behalf of their client who owns a residential property in Brooklyn.

Specifically, they were awarded partial summary judgment for the client on the issue of an adjoining property owner’s strict liability. The award was pursuant to New York City Building Code § 3309.4, for

David M. Grill, Jeremy Honig and Evan Schieber successfully defeated defendant’s motion to compel arbitration of their client’s breach of contract action following a framed issue hearing in Supreme Court, Westchester County.

The action was commenced to recover the client’s deposit, which the defendant refused to return following the client’s attempt to cancel purchase orders

Rivkin Radler LLP is pleased to announce that 20 attorneys were named to the 2017 New York Metro Super Lawyers List and 10 attorneys were named New York Metro Rising Stars.

Todd M. Belous – Professional Liability: Defense

*Michelle Bholan – Business Litigation

Jonathan B. Bruno – Professional Liability:  Defense

David M. Grill and Evan Schieber achieved a major victory on behalf of a building owner and a surety in a litigation involving a mechanic’s lien filed by a contractor against a building owned by our client. The litigation, entitled EZ Runer Construction v Blue Nirvana, LLC, Supreme Court, New York County, Index No. 161915/2015

David M. Grill and Evan Schieber obtained a significant and complete victory for a major developer in a high profile dispute over a mixed use building located in NOHO New York.  The developer sold the building to the defendant and, as part of the deal, retained a lifetime interest to the entire third floor of

Tenants filed a Petition for Administrative Review (“PAR”) at The New York State Division of Housing and Community Renewal (“DHCR”) seeking to overturn a Rent Administrator’s decision that found, among other things, the following: a) that the landlord did not engage in a fraudulent scheme to deregulate the apartment; b) the base date rent was reliable;

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

David M. Grill and Michael Welch were successful in obtaining a license on behalf of our client to access its neighbors property for the purpose of assessing possible damage caused to its building.  Our client contends that a portion of its building was damaged during its neighbors construction project.  The only way to assess the

David M. Grill and Evan Schieber obtained an important victory, securing Yellowstone injunctive relief on behalf of a medical practice confronted with the threat of lease termination.    In the case of Omnicare Anesthesia, P.C. v Hazel Blue Nostrand, LLC, Supreme Court, Kings County, Index No. 51140/16, the Supreme Court, after oral argument, granted our application

Grill and Schieber defeated a Bank’s attempt to renew an order of the Supreme Court.  In a prior order, the Supreme Court granted our client summary judgment and canceled and discharged a mortgage of record on the client’s property.  The Bank argued that new facts existed, that had the Court considered, would have changed the

David M. Grill, Evan Schieber and Joshua M. Tare successfully defeated a Brooklyn landlord’s holdover petition seeking to evict a long term medical office tenant, preserving a tenancy and lease with more than ten (10) years remaining on the term.  Prior to retaining Rivkin Radler, the Landlord allegedly served upon the client a Notice to

In a decision that is a significant victory for the client, the Supreme Court, Nassau County canceled and invalidated a multi-million dollar mortgage given by our client to a bank.  The mortgage was discharged despite the fact that our client was concededly in default having failed to pay any amount due the bank since 2007. 

David M. Grill, Pia E. Riverso and Jeremy Honig secured an order from New York County Supreme Court granting access to a major developer to enter upon adjoining property to install and read monitoring devices and to install and maintain overhead protection as required by the Building Code of the City of New York.  After

A mechanic’s lien, which completely misidentified the owner of the real property, was deemed fatally defective and canceled by the Court.  In the case of In re Jennifer S. Stachel, DMD, PC. Supreme Court, New York County, Index No. 152463/2016, Judge Edmead discharged, as jurisdictionally defective, a mechanic’s lien filed by a contractor that misidentified

David M. Grill and Joshua Tare, partners in the firm’s commercial litigation/real estate practice group, were victorious in the denial of tenants’ complaint for rent overcharge in a proceeding filed by the tenants with the New York State Division of Housing and Community Renewal (DHCR).

Tenants’ complaint (“Complaint”) at the DHCR alleged that the rent the

David M. Grill and Pia E. Riverso secured an order from New York County Supreme Court granting access to a major developer to enter upon an adjoining neighbor’s property to install rear yard, overhead and rooftop protections as required by the Building Code of the City of New York.  After nearly one year of negotiations

The Supreme Court of the State of New York handed down a procedural but important victory, in an on-going battle between a commercial tenant and its landlord.  Representing the commercial landlord, David Grill and Evan Schieber, members of the Firm’s Construction and Real Estate, Zoning & Land Use Practice Groups, successfully defeated a motion submitted by the commercial

David M. Grill and Jason Gurdus successfully convinced the Court to discharge a mechanic’s lien of record based upon lienor’s failure to provide a detailed itemized statement of lien pursuant to Lien Law Section 38.  The court held, after ordering the lienor to correct the deficiencies in the itemized statement of lien furnished, that the second

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

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

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

David M. Grill, Evan Schieber and Joshua Tare won a resounding victory for 110 Greenwich Street, LLC (“Landlord”) against its commercial tenant Waterfront Athletic Club, Inc., (“Tenant”) a famous boxing studio with locations in New York City and Los Angles. The dispute arose out of a so-ordered stipulation of settlement entered into by the Landlord

David M. Grill, Joshua Tare and Merril Biscone successfully appealed a lower court decision that denied a landlord summary judgment in a summary holdover proceeding and, in overturning the lower court decision, the Appellate Term granted the landlord a judgment of possession.  In Extell Belnord LLC v. Eldridge, 2014 NY Slip OP 50258(U), (App. Term,

David Grill and Evan Schieber achieved a significant win for a lender in a commercial foreclosure action entitled Regency Ventures LLC v Elaine Lelekakis.    Unlike the majority of foreclosures, this action arose out of a non-monetary default involving a borrower who, one day after taking out a loan transferred the property to herself and her

David M. Grill and Evan Schieber successfully defended a judgment of liability on appeal.  Rivkin Radler represented the plaintiff/respondent in the action entitled Extell 601 West 137th Street LLC (“Extell”) v Vinegar Hill Baking Company and Sven Oeheme.  The Supreme Court granted Extell’s motion for summary judgment on the issue of liability as to defendant

David M. Grill, Evan Schieber and Erez Glambosky won a significant victory on behalf of a landlord involving the interpretation of the New York State Soldiers’ and Sailor’s Civil Relief Act, Military Law, Section 309 (“Act”).  The recent court decision issued by Justice Tingling in Greenwood v 240-242 West 10th Street, Corp., Supreme Court,

Erez Glambosky, Josh Tare and David Grill, partners in the firm’s Litigation and Appeals practice group, were victorious on behalf of a New York City landlord in a classic landlord-tenant battle over a residential apartment in Manhattan.  The landlord commenced the proceeding to recover possession of the subject apartment on the grounds that the tenants’

David Grill and Joshua Tare, partners in the firm’s Litigation & Appeals practice group, where victorious in the denial of a petition for administrative review In the Matter of the Administrative Appeal of Marguerite Klobe.

Tenant filed a complaint (“Complaint”) at the Division of Housing and Community Renewal (“DHCR”) seeking a reduction in her regulated rent

David M. Grill, a partner in the firm’s Litigation & Appeals Practice Group and Joseph Poe, a partner in the firm’s Insurance Coverage & Litigation Practice Group, won summary judgment in favor of a New York City commercial landlord against a “good guy” guarantor of the commercial tenant’s obligations under its lease.  The commercial tenant had been

David M. Grill and Erez Glambosky, partners in the firm’s Litigation and Appeals Group, obtained summary judgment in favor of a New York City commercial restaurant tenant dismissing a Nonpayment Proceeding commenced by the landlord for unpaid rent and water charges.  The Court was not persuaded by any of the landlord’s arguments and derided the

David M. Grill and Jason Gurdus obtained the dismissal of a breach of contract lawsuit pending before the Supreme Court, Suffolk County.  The Court granted their motion to dismiss and consolidated the first filed Suffolk County breach of contract with a subsequently filed lawsuit in New York County, which sought, among other relief, to foreclose

Congratulations to David Grill in his victory on behalf of electrical contractor, A&M Electrical Service Inc., in CA Construction Inc. v. RAO’s City View LLC, et al., where the Hon. Richard Braun awarded damages, a judgment of foreclosure and sale, ruling in CA’s favor based on a finding of quantum meruit and other complex issues

David M. Grill, a partner in the Litigation & Appeals Practice Group, will be a guest speaker at a meeting for Community Bankers’ Mortgage Forum. Mr. Grill’s topic is entitled, “Construction Lending & the Lien Law: Avoiding the Potential Pitfalls & Traps.”

The presentation will be held at Westbury Manor.  To make a registration, go to http://cbmforum.com.

Congrats to David Grill , who obtained the dismissal of the complaint filed in Altman v. HEEA Development, LLC et al, a $2,000,000 Lien Law Trust Diversion Action venued in NY Cty Sup. Ct. Commercial Div.

In this lawsuit the sole cause of action asserted by the owner against the contractor and its members (collectively, the

Uniondale, New York – October 2011 – William M. Savino, Managing Partner of Rivkin Radler LLP, has announced that David M. Grill and Joshua M. Tare have joined the firm as Partners in the Litigation & Appeals Practice Group. 

“We are excited to have David and Josh on board.  They add to the stature of