ALBPC successfully defended one of the largest telecommunications companies, with operations and locations throughout New York City, against four (4) fire violations that were issued by the Nassau County Fire Marshal (“NCFM”), as a result of forty-seven (47) false alarms in the subject warehouse, which the client rented from the Landlord. The false alarms were allegedly caused by pigeons that flew into the warehouse through the open loading docks. Apparently, the state-of-the-art fire alarm system that was originally installed by the Landlord and operated through the use of laser beams to detect heat were regularly being triggered by the pigeons. Given the high volume of false alarms, the NCFM ordered that the client disarm its fire alarm system and instead, hire a 24-7 guard to stand watch for fires, at an exorbitant cost.
Prior to the trial date, upon a close and diligent examination of the parties’ lease agreement, ALBPC found that the client did not bear the responsibility to maintain and/or repair the fire alarm system and that Landlord was contractually obligated to indemnify the client for any fines, fees and costs associated with the faulty alarm system. Accordingly, ALBPC served Landlord with a demand letter citing the relevant provisions of the lease in question calling for Landlord to maintain and/or repair the fire alarm system, and requiring indemnification thereunder.
During the trial, ALBPC argued that under the subject lease, the fire alarm system was plainly not the client’s responsibility. Further, ALBPC raised jurisdictional attacks because the client, who was not the owner of the premises and did not install the fire alarm, should not be held to be responsible for the violations. In light of ALBPC’s arguments, the Court agreed to dismiss all of the violations and penalties that were issued against the client.
Most importantly, ALBPC brokered a favorable settlement with Landlord, whereby Landlord agreed to provide the client with indemnification under the lease and for the overhaul of the entire fire alarm system. Based upon ALBPC’s vigorous advocacy and exhaustive lease analysis, the company was able to defeat the sanctions and settle with Landlord on extremely favorable terms.
Adam Leitman Bailey and Massimo F. D’Angelo represented Adam Leitman Bailey, P.C. on behalf of the telecommunications company on the matter and on trial.