Adam Leitman Bailey, P.C. Successfully Defends One of the Largest Telecommunications Companies Against Fire Violations and Assists in Obtaining Indemnification from Landlord
Adam Leitman Bailey, P.C. 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, Adam Leitman Bailey, P.C. 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, Adam Leitman Bailey, P.C. served the landlord with a demand letter citing the relevant provisions of the lease in question calling for the landlord to maintain and/or repair the fire alarm system and requiring indemnification thereunder.
During the trial, Adam Leitman Bailey, P.C. argued that under the subject lease, the fire alarm system was plainly not the client’s responsibility. Further, Adam Leitman Bailey, P.C. 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 Adam Leitman Bailey, P.C.’s arguments, the court agreed to dismiss all of the violations and penalties that were issued against the client.
Most importantly, Adam Leitman Bailey, P.C. brokered a favorable settlement with the landlord, whereby the landlord agreed to provide the client with indemnification under the lease and for the overhaul of the entire fire alarm system. Based upon Adam Leitman Bailey, P.C.’s vigorous advocacy and exhaustive lease analysis, the company was able to defeat the sanctions and settle with the landlord on extremely favorable terms.
Adam Leitman Bailey represented Adam Leitman Bailey, P.C. on behalf of the telecommunications company on the matter and on trial.