Recent News - Evan R. Schieber


Schieber, Greener and Yafeh Secure Win for Estate Beneficiaries
February 17, 2021 | Trusts & Estates | Real Estate, Zoning & Land Use
Evan Schieber, Jeffrey Greener and Stephanie Yafeh secured a decisive victory for their clients, the beneficiaries of an estate, who moved to intervene in a New York Supreme Court action. The action arose out of a sale by the executor of two cooperative apartments that were estate assets. In the action, the purchaser of the …
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Schieber and Han Secure Return of $1 Million Down Payment for Real Estate Client
February 17, 2021 | Commercial Litigation | Real Estate, Zoning & Land Use
Evan Schieber and Lawrence Han recently delivered a significant victory for the Firm’s client which was seeking the return of its $1 million down payment in a real estate transaction that failed to close. Prior to New York State’s shutdown of non-essential businesses in March 2020, the client had entered into a contract to purchase …
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Grill and Schieber Prevail on Summary Judgment Motion in Favor of DC Landlord
January 19, 2021 | Real Estate, Zoning & Land Use
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, …
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Grill and Schieber Obtain Dismissal of Lawsuit Against Brooklyn Condominium
November 20, 2020 | Construction | Real Estate, Zoning & Land Use
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 …
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Grill and Schieber Successful in Representation of Sponsor-Developer
September 17, 2020 | Real Estate, Zoning & Land Use
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 …
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Grill and Schieber Achieve Summary Judgment Dismissal
September 17, 2020 | Commercial Litigation
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 …
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Grill and Schieber’s Victory Highlights the Importance of Venue Selection
June 30, 2020 | Commercial Litigation | Real Estate, Zoning & Land Use
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 …
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Schieber and Gise Win Summary Judgment in Construction Defect Case
May 12, 2020 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
Evan R. Schieber and David Gise received a sweeping victory for the firm’s clients that may have far reaching implications for construction defect claims in New York.  In the Board of Managers Of The Latitude Riverdale Condominium v. 3585 Owner, LLC et. al., Supreme Court, Bronx County, Index No. 27319/2016E, the Board of Managers sought …
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Grill and Schieber Prevail on Interpretation of Co-Tenancy Provision
January 21, 2020 | Commercial Litigation | Real Estate, Zoning & Land Use
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 …
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Schieber, Wilck and Panagopoulos Join Forces for Real Estate Endeavor
November 21, 2019 | Construction | Real Estate, Zoning & Land Use
Evan Schieber and David Wilck garnered a significant victory for a condominium unit owner on the Upper East Side in litigation commenced against a famed New York developer arising out of the developer’s alleged misrepresentations and non-disclosures in the condominium offering plan.  The firm negotiated a settlement agreement where the Sponsor was forced to repurchase …
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Grill and Schieber Win Motion to Dismiss
November 21, 2019 | Commercial Litigation
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 …
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Schieber and Gise Win Significant Victory on Summary Judgment
October 22, 2019 | Commercial Litigation | Real Estate, Zoning & Land Use
Evan Schieber and David Gise obtained summary judgment dismissing a complaint in a dispute over a million dollar real estate brokerage commission. The New York County Supreme Court dismissed in its entirety an action commenced by Cushman & Wakefield (“Cushman”) against our client Olivet University seeking a commission for its role in connection with Olivet’s …
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Schieber Secures Major Victory
October 14, 2019 | Commercial Litigation
In a case of first impression under New York Law, Evan Schieber secured a major victory for Kings Premium Service Corp.  In Adebowale v Kings Premium Service Corp. at al., the Court dismissed in its entirety an action  brought against the Kings Premium Service Corp., a financing company, for damage allegedly incurred by an insured …
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Grill and Schieber Lockdown Appellate Win for NY Developers
October 2, 2019 | Appeals
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 …
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Schieber, Honig and Mascia Secure Appellate Victory
October 2, 2019 | Appeals
Evan Schieber, Jeremy Honig and Henry Mascia secured an appellate court victory by reversing a trial court order dismissing the client’s complaint. In Garendean v 14 Lincoln Place et al, the trial court dismissed the plaintiff’s action against the seller of a building that sought damages for fraud and breach of contract based on the …
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Schieber and Tare Secure Victory for Good Guy Guarantor
April 18, 2019 | Joshua M. Tare | Evan R. Schieber | Commercial Litigation | Real Estate, Zoning & Land Use
Rivkin Radler scored a significant victory on behalf of a guarantor under a commercial lease, with important implications for commercial tenants and landlords that may be negotiating commercial leases.  311 West 43rd Venture, LLC v 15th Floor Media LLC et al, Supreme Court, Index No. 650851/2018, involved a dispute over the proper interpretation of the …
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Grill and Schieber Win Motion to Dismiss on behalf of Developer
April 11, 2019 | Construction
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 …
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Grill, Korman, Schieber and Gise Win Case Impacting Condo Development Liability
April 9, 2019 | Commercial Litigation | Construction | 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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Grill, Schieber, and De La Hoz Secure Summary Judgment Directing Specific Performance
April 4, 2019 | Commercial Litigation | Real Estate, Zoning & Land Use
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 …
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Appellate Division Confirms Rivkin’s Significant Victory
January 2, 2019 | Commercial Litigation | Real Estate, Zoning & Land Use
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 …
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Grill, Korman and Schieber Secure Affirmance of Discharge of Mortgage by the Appellate Division
August 30, 2018 | Appeals | Real Estate, Zoning & Land Use
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 …
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Grill, Schieber and Honig Secure the Dismissal of Tenant’s Fraudulent Inducement Claim
August 24, 2018 | Commercial Litigation | Real Estate, Zoning & Land Use
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 …
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Schieber Secures Victory In Enforceability of a Forum Selection Clause
March 9, 2018 | Evan R. Schieber | Construction | Commercial Litigation
Evan Schieber secures a victory for a Condominium client concerning the enforceability of a forum selection clause.  The Court upheld a forum selection provision in  a settlement agreement that favored the Condominium.  The decision is noteworthy as it, for the first time, called into question the enforceability of a forum selection over a seemingly competing …
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Members of Real Estate Group Close Multiple Deals in December
January 1, 2018 | Yaron J. Kornblum | Evan R. Schieber | Jeffrey P. Rust | Corporate | Real Estate, Zoning & Land Use
On December 27, 2017, Yaron Kornblum represented the tenants-in-common purchasers in their acquisition, with a twist, of 2734 Sedgwick Avenue, Bronx, NY for the purchase price of $9.42 million. The Purchasers first acquired the shares of the Seller for a purchase price of $7.9 million. The closing on the real property was consummated immediately thereafter, …
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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 | 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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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 | 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 | Real Estate, Zoning & Land Use | General Liability | Construction
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 | 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 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 | Appeals | Real Estate, Zoning & Land Use
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 | Corporate | Appeals | Real Estate, Zoning & Land Use
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 | Corporate | Appeals | Real Estate, Zoning & Land Use
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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