0001144204-16-138853.txt : 20161212 0001144204-16-138853.hdr.sgml : 20161212 20161212073022 ACCESSION NUMBER: 0001144204-16-138853 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20161208 ITEM INFORMATION: Other Events FILED AS OF DATE: 20161212 DATE AS OF CHANGE: 20161212 FILER: COMPANY DATA: COMPANY CONFORMED NAME: New York REIT, Inc. CENTRAL INDEX KEY: 0001474464 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 271065431 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-36416 FILM NUMBER: 162045357 BUSINESS ADDRESS: STREET 1: 405 PARK AVENUE STREET 2: 14TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 212 415 6500 MAIL ADDRESS: STREET 1: 405 PARK AVENUE STREET 2: 14TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 FORMER COMPANY: FORMER CONFORMED NAME: AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT INC DATE OF NAME CHANGE: 20091014 8-K 1 v454786_8k.htm 8-K

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934

 

Date of Report (Date of earliest event reported): December 8, 2016

 

New York REIT, Inc.
(Exact Name of Registrant as Specified in Charter)

 

Maryland 001-36416 27-1065431
(State or other jurisdiction
of incorporation)
(Commission
File Number)
(I.R.S. Employer
Identification No.)

 

405 Park Avenue, 14th Floor
New York, New York 10022
(Address, including zip code, of Principal Executive Offices)

 

Registrant’s telephone number, including area code: (212) 415-6500

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

oWritten communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

oSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

oPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

oPre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

 

 

 

Item 8.01. Other Events.

 

On December 8, 2016, the Appellate Division of the Supreme Court of the State of New York entered an order denying the appeal of RXR Realty (“RXR”) in RXR’s litigation with New York REIT, Inc. (the “Company”). The appeal related to the partial summary judgment granted by the Supreme Court of the State of New York on the Company’s motion at oral argument on March 24, 2016. Pursuant to the partial summary judgment, the trial court dismissed RXR’s disgorgement claims against the Company, permitting only a limited, immaterial claim against the Company for RXR’s cost of producing due diligence-related material to proceed. The litigation, which is described in more detail in the Company’s Quarterly Report on Form 10-Q for the three months ended September 30, 2016 filed with the Securities and Exchange Commission on November 9, 2016, relates to the Company’s purchase of its 48.9% interest in Worldwide Plaza in October 2013.

  

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date: December 12, 2016 NEW YORK REIT, INC.
   
  By:  

/s/ Michael A. Happel

Michael A. Happel
Chief Executive Officer and President