Grill and Schieber’s Victory Highlights the Importance of Venue Selection

June 30, 2020 | Real Estate, Zoning & Land Use | Commercial Litigation

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 the District of Columbia.  We, however, carefully and strategically selected New York as the forum to hear the dispute based on our client’s convenience and to ensure the maximum likelihood of success.

The Defendant sought to dismiss the action based on the doctrine of forum non conveniens, which allows a court to dismiss a case properly before it when litigation would be more convenient in a foreign forum — in this case Washington D.C.

The Court, however, agreed with our arguments that the Defendant failed to meet its burden to establish that litigation should be moved to another forum.  The Court found persuasive that, although the sublease and property were located in the District of Columbia, the Defendant was a law firm with offices in New York and used the New York office to receive notices under the sublease.

The victory underscores an important principle that the burden to transfer an action to another venue can be difficult, even in situations where the connections to New York are tenuous.

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