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Adam Leitman Bailey, P.C. Achieves a Winning Settlement for Client and Its Insurer

Adam Leitman Bailey, P.C. successfully represented the board of managers (the “Board”) of a condominium on Manhattan’s Upper West Side, achieving a highly favorable settlement for its client with a major mobile communications provider (the “Company”) after contentious litigation in New York’s federal and state courts.

The dispute arose out of a lease agreement granting the company the right to install a cellular antenna and mobile communications equipment on the condominium’s roof. The Board negotiated the rooftop lease agreement during 2009 while it was under the control of the condominium’s sponsor. After unit owners obtained control of the Board, unit owners protested the procedure by which the rooftop lease agreement had been adopted, and expressed concerns that exposure to radiation emitting from mobile communications equipment situated on the roof might be dangerous to health. Months of negotiations ensued, during which time the Board attempted unsuccessfully to cancel the rooftop lease agreement or to persuade the Company to install its antenna equipment elsewhere.

In September 2010, the Company commenced an action against the Board in the U.S. District Court for the Southern District of New York and moved for a preliminary injunction to require the Board to comply with the terms of the lease. The Board’s insurance carrier retained Adam Leitman Bailey, P.C. to defend the suit.

The firm immediately identified a basis to challenge the federal court’s jurisdiction to hear the case, and opposed the Company’s injunction motion on that and other grounds. Rather than face a court-ordered dismissal, the Company voluntarily dismissed its federal action and re-filed its case in New York State Supreme Court. In state court, Adam Leitman Bailey, P.C. mounted a vigorous defense to the Company’s complaint, challenging the enforceability of the rooftop lease agreement and presenting scientific evidence concerning the potential dangerous health consequences of rooftop mobile communications equipment to residents of the building’s upper floors.

The evidence included affidavit testimony by a world-renowned scientist and research prepared for the Company’s corporate parent. In consultation with Adam Leitman Bailey, P.C.’s client and its insurance carrier, Adam Leitman Bailey, P.C. entered into settlement negotiations with the Company’s counsel before the court ruled on various pending motions. As a result of the firm’s tough litigation tactics, the firm was able to negotiate a highly favorable settlement of the litigation, under which the Company agreed to pay a substantially higher rent over the life of the lease for the right to install its equipment. The firm also negotiated a variety of additional provisions to the lease that will benefit the Board as it conducts rooftop replacement work during the lease term. Besides a very happy client, the insurance company that appointed the firm congratulated Adam Leitman Bailey, P.C. on not only settling the case but remarked that “most other firms would have spent a lot more money to get to where you did” and they thanked the firm for working so hard to get to a settlement instead of having to pay for discovery and trial. Adam Leitman Bailey, P.C. attorney Adam Leitman Bailey¬†represented the Board.

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