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 Realty LP et al., filed under 654394/2015, the residential board of managers filed a 300-paragraph, 21-count complaint against, among others, our developer client and its affiliates. The claims ran the gamut from breach of contract, negligent misrepresentation, fraud, breach of warranty and other claimed deceptive practices, and sought damages in excess of $30 million.

Adopting all of our arguments, the Court dismissed all of the claims against our clients, finding that the claims were either invalid as a matter of law, violated pleading requirements or were undermined by the relevant documentary evidence.

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