Grill and Schieber Victorious

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 tenant seeking an extension to serve a complaint, which sought damages for alleged flooding, after the 120 day period proscribed by statute had expired.  In support of its application, the plaintiff urged that it had a meritorious action and the late filing presented no prejudice to the defendant. Instead, the Court accepted Rivkin’s argument that Plaintiff’s inadvertence, coupled with its subsequent bankruptcy filing, did not constitute grounds for good cause sufficient to justify missing the deadline.

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