Recent News - David M. Grill


Grill, Honig, and Schieber Prevail after Framed Issue Hearing
October 9, 2017 | Construction | Commercial Litigation
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 …
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Rivkin Radler Attorneys Named As 2017 New York Metro Super Lawyers
September 19, 2017
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. *Brian Bank – Business Litigation Todd M. Belous – Professional Liability: Defense *Michelle Bholan – Business Litigation Jonathan B. Bruno – Professional Liability:  Defense …
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Grill and Schieber Achieve Major Victory on Behalf of Building Owner
August 9, 2017 | David M. Grill | Evan R. Schieber | Construction | Commercial Litigation
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 …
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Grill & Schieber Obtain Victory for Major Developer
April 4, 2017 | Commercial Litigation
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 …
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Grill and Tare Victorious at the DHCR – Tenants’ Petition for Administrative Review Denied in its Entirety
November 14, 2016 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
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; …
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Rivkin Radler Attorneys Named As 2016 New York Metro Super Lawyers
October 11, 2016 | Professional Liability | Insurance Coverage | Health Services | Construction | Commercial Litigation | Bankruptcy | Appeals | Compliance Investigations & White Collar | Real Estate, Zoning & Land Use
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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Grill and Welch Victorious In Special Proceeding Seeking Access To Neighboring Property
August 9, 2016 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction
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 …
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Grill and Schieber Secure Yellowstone Injunction
July 29, 2016 | Commercial Litigation
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 …
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Grill and Schieber Successfully Oppose a Renewal Application
July 22, 2016 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
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 …
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Grill, Schieber and Tare Victorious on Behalf of Medical Office Tenant
July 8, 2016 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
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 …
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Grill and Schieber Obtain A Significant Victory For Borrower
May 9, 2016 | General Liability | Construction | Real Estate, Zoning & Land Use
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.  …
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Grill, Riverso & Honig Victorious on Behalf of Major Developer
April 15, 2016 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
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 …
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Grill, Schieber and Gold Successfully Invalidate and Discharge a Defective Mechanic’s Lien
April 15, 2016 | Construction | Commercial Litigation
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 …
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Grill and Tare Victorious in Denial of Tenants’ Complaint
April 6, 2016 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
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 …
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Grill and Riverso Secure Access Agreement for Major Developer
January 26, 2016 | Construction | Commercial Litigation
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 …
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Grill and Schieber Victorious
January 7, 2016 | Construction | Real Estate, Zoning & Land Use
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 …
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Grill and Gurdus Victorious
September 14, 2015 | Appeals
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 …
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Grill and Tare Victorious
December 31, 2014 | 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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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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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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Grill, Schieber, and Tare deliver victory for 110 Greenwich Street
June 16, 2014 | Real Estate, Zoning & Land Use | Corporate | Appeals
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 …
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Grill, Biscone & Tare Victorious in Appeal
February 27, 2014 | Appeals
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, …
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David Grill and Evan Schieber win in commercial foreclosure action
December 27, 2013 | Appeals | Real Estate, Zoning & Land Use | Corporate
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 …
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David Grill and Evan Schieber successfully defend a judgment of liability on appeal
December 17, 2013 | Appeals
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 …
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Grill, Schieber and Glambosky win victory on behalf of a landlord involving the interpretation of NYS Soldiers’ and Sailor’s Civil Relief Act
July 29, 2013 | Appeals
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, New …
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Glambosky, Tare and Grill Obtain Summary Judgment On Behalf of New York City Landlord
July 22, 2013 | Appeals
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’ …
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David Grill and Joshua Tare Victorious in Proceeding before the Division of Housing and Community Renewal
March 27, 2013 | Appeals
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 …
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David M. Grill and Joseph Poe Win Decision in Extell 601, et al. v. Vinegar Hall Baking Co., et al.
December 20, 2012
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 …
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David M. Grill and Erez Glambosky Win Decision in MHK Realty LLC v. Jade Fountain
December 18, 2012 | Appeals
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 …
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David Grill and Jason Gurdus obtain dismissal of a breach of contract lawsuit
September 12, 2012 | Intellectual Property | Insurance Coverage | Appeals
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 …
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David Grill victorious in CA Construction vs. Raos
June 19, 2012 | Appeals
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 …
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David Grill to speak at meeting of Community Bankers Mortgage Forum
January 24, 2012 | Appeals
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. …
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David Grill victorious in Altman v. HEEA Development, LLC et al.
January 1, 2012 | Appeals
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 …
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Rivkin Radler Welcomes New Attorneys David M. Grill and Joshua M. Tare
October 3, 2011 | Appeals
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 …
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