Legal Opinion · Dissent
61 West 62 Owners Corp. v. CGM EMP LLC
Appellate Division of the Supreme Court of the State of New York
Decided August 24, 2010Published
1Dissent
Tom, J.P. (dissenting).
The imposition of the preliminary injunction in this case is unsupported by a sufficient record. However the cause of action is denominated, relief must be predicated on defendants’ violation of the New York City Noise Control Code (Administrative Code of City of NY § 24-201 et seq.), which governs permissible acoustic levels produced by a particular sound source. Furthermore, plaintiff’s failure to pursue available legal remedies precludes this action for permanent injunctive relief and the grant of attendant provisional relief. In view of plaintiffs failure to…
2Cases cited24 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
- Doe v. AxelrodNew York Court of Appeals · 1988
- Nobu Next Door, LLC v. Fine Arts Housing, Inc.New York Court of Appeals · 2005
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