Recent News - Evan R. Schieber


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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Grill and Schieber Achieve Major Victory on Behalf of Building Owner
August 9, 2017 | David M. Grill | Evan R. Schieber | Commercial Litigation | Construction
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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D’Amaro and Schieber Complete License Agreement
July 1, 2017 | Real Estate, Zoning & Land Use
Lou D’Amaro and Evan Schieber completed a License Agreement covering outdoor space in the courtyard area of a Manhattan residential condominium for the installation of HVAC units and equipment servicing the street level, retail condominium unit owned by our client. The license is for a ten-year term with two five year renewal options.  The license …
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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 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 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction
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 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction
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 | Real Estate, Zoning & Land Use | Construction | General Liability
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, Schieber and Gold Successfully Invalidate and Discharge a Defective Mechanic’s Lien
April 15, 2016 | Commercial Litigation | Construction
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 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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Novikoff and Schieber Victorious
November 12, 2015 | Real Estate, Zoning & Land Use | Appeals
Ken Novikoff and Evan Schieber successfully defended a prominent New York City real estate developer in a $10,000,000 lawsuit after a three week trial in Supreme Court, New York County.  Plaintiff sought to impose a constructive trust over hundreds of acres of waterfront property belonging to our client in Sullivan County.  Plaintiff sued for breach …
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Schieber and Honig Victorious
September 30, 2015 | Appeals
Evan Schieber and Jeremy Honig scored a major victory on behalf of a commercial landlord after a multi-day trial in Supreme Court, Suffolk County, in a hotly contested commercial lease dispute. The crux of the action was whether the defendant-tenant exercised an option to renew the lease and was bound through the expiration of the renewal …
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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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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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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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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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Grill, Schieber, and Tare deliver victory for 110 Greenwich Street
June 16, 2014 | Real Estate, Zoning & Land Use | Appeals | Corporate
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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David Grill and Evan Schieber win in commercial foreclosure action
December 27, 2013 | Real Estate, Zoning & Land Use | Appeals | 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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Rivkin Radler Welcomes Evan Schieber and Gaddi Goren
August 31, 2012 | Appeals
William M. Savino, Managing Partner of Rivkin Radler LLP, has announced that Evan R. Schieber  and Gaddi Goren have joined the firm’s Litigation & Appeals Practice Group, as a Partner and an Associate, respectively. Evan R. Schieber, of Port Washington, NY, specializes in commercial and real estate related litigation with a focus on condominium and …
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