Legal Opinion
61 West 62 Owners Corp. v. CGM EMP LLC
New York Court of Appeals
Decided March 31, 2011PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified, without costs, by remitting to the Appellate Division for further proceedings in accordance with this memorandum and, as so modified, affirmed. The certified question should be answered in the negative.
The failure of authorities to issue a violation of the New York City Noise Control Code (see Administrative Code of City of NY § 24-201 et seq.), by itself, does not preclude plaintiff from establishing that it is likely to succeed on the merits. However, it cannot be said on this record that the imposition…
2Cases cited1 opinion
- Visiting Nurse Service of New York Home Care v. New York State Department of HealthNew York Court of Appeals · 2005
3Cited by24 opinions
- Berenger v. 261 West LLCAppellate Division of the Supreme Court of the State of New York · 2012
- 1234 Broadway LLC v. West Side SRO Law ProjectAppellate Division of the Supreme Court of the State of New York · 2011
- 84-85 Gardens Owners Corp. v. 84-12 35th Avenue Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Chelsea 18 Partners, LP v. Sheck Yee MakAppellate Division of the Supreme Court of the State of New York · 2011
- Maniscalco v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
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