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Published September 28, 2026 | Updated October 2, 2026
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Abrams Fensterman, LLP has secured an important appellate victory on behalf of client Ark Restaurants Corp., obtaining a stay that allows Ark to continue operating the Bryant Park Grill while its appeals are pending. The New York State Supreme Court, Appellate Division, First Department modified a lower court decision that would have permitted Ark’s eviction in October, allowing the iconic Midtown restaurant to remain open as the appellate proceedings continue.
A Closely Watched NYC Commercial Real Estate Dispute
The appellate decision marks the latest development in litigation that has attracted significant attention from New York’s business and real estate communities.
Earlier this year, Crain’s New York Business examined the dispute in depth, including Ark Restaurants’ challenge to the process surrounding the proposed replacement of Bryant Park Grill and the competing business and real estate interests at issue.
Abrams Fensterman has continued representing Ark throughout the litigation, including obtaining summary judgment on behalf of Ark earlier this year on its breach of contract claim, with a trial to determine Ark’s damages to follow next year.
Featured in Crain’s New York Business
The latest development was also featured in Crain’s New York Business, which reported on the First Department’s decision to halt the eviction while the appellate proceedings continue.
Abrams Fensterman Litigation & Appellate Team
The Abrams Fensterman team leading the Bryant Park Grill matter includes Robert A. Spolzino, Anthony Genovesi, Lisa Colosi Florio, Mordecai Geisler and Zach Kuperman. Abrams Fensterman’s Litigation Practice brings together seasoned trial and appellate attorneys with extensive experience handling complex, high-stakes disputes in New York state and federal courts. The team represents businesses, institutions and individuals in sophisticated commercial, real estate, corporate and other business-critical litigation, with the depth to manage matters from their earliest stages through trial and appeal.
New York Appellate Attorneys
Whether challenging an unfavorable ruling or defending a successful outcome, contact Abrams Fensterman’s Appeals Practice to discuss your matter and next steps.
Learn More About Our Appeals Practice →
To schedule an initial consultation, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999, or Albany at 518-535-9477.
