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On Behalf of a Condo Board across from a Building Being Constructed, Adam Leitman Bailey, P.C. Stops the Issuance of Permits and the Noise

By Adam Leitman Bailey


When the Board of a Condominium in Manhattan sought Adam Leitman Bailey, P.C.’s help concerning severe noise issues during the early morning and late evening hours, and weekends due to demolition and construction work at an adjacent construction site by one of the United States’ largest residential real estate developers, the attorneys at Adam Leitman Bailey, P.C. successfully stopped the issuance of work permit variances by the New York City Department of Buildings, finally bringing peace and quiet to the residents of the Condominium.

The attorneys at Adam Leitman Bailey, P.C. aggressively took a multi-pronged approach to addressing the issuance of work permit variances by the DOB to the real estate developer. First, Adam Leitman Bailey, P.C. engaged a leading acoustician to install sound recording equipment at the building to measure whether or not the adjacent construction was violating the New York City Noise Code, and to evaluate whether or not the developer was complying with the noise mitigation plan it had submitted to the DOB.

Next, the attorneys at Adam Leitman Bailey, P.C. reached out to each of the Boards of the condominiums and cooperatives as well as the private owners of the rental buildings within a three block radius of the construction site to understand what impact the adjacent construction had on the quality of life of their residents, and if such residents were willing to participate in a grassroots campaign to stop the issuance of the work permit variances, which permitted the developer to work at early morning and late night hours, and on weekends. The attorneys also contacted local hotels and restaurants to see if the construction was having an adverse impact on their businesses. The response from the community residents was overwhelmingly supportive as they too had suffered from the unabating noise emanating from the demolition and construction.

Next, the attorneys at Adam Leitman Bailey, P.C. engaged the leading expeditor firm in New York City to pull all building plans and work permit variances filed by the developer with the DOB. Armed with the representations the developer made to the DOB to obtain such work permit variances, Adam Leitman Bailey, P.C. engaged an architect specializing in litigation to personally observe the construction activities during the variance hours to determine whether or not the developer was fully complying with the representations it made to the DOB to obtain such permits.

This multi-pronged strategy employed by the attorneys at Adam Leitman Bailey, P.C. proved to be an overwhelming success for the client. The DOB revoked the work permit variances, resulting in an elimination of work during the early morning and late night hours on weekdays and Saturdays, and a complete elimination of work on Sundays, bringing peace and quiet to the community.

Adam Leitman Bailey and Joanna C. Peck represented the Board of the Condominium in the case.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS