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61 WEST 62 OWNERS CORP. v. CGM EMP LLC

No. 122 SSM 10.

16 N.Y.3d 822 (2011)

61 WEST 62 OWNERS CORP., Respondent, v. CGM EMP LLC et al., Appellants, and WEST 63 EMPIRE ASSOCIATES LLC, Respondent, et al., Defendant.

Court of Appeals of New York.

Decided March 31, 2011.

Attorney(s) appearing for the Case

Windels Marx Lane & Mittendorf, LLP, New York City ( Bruce F. Bronster and Gregory J. Kerr of counsel), for appellants.

Wolf Haldenstein Adler Freeman & Herz LLP, New York City ( Steven D. Sladkus and Christopher Cobb of counsel), for 61 West 62 Owners Corp., respondent.

Cozen O'Connor , New York City ( Michael C. Schmidt and Menachem J. Kastner of counsel), for West 63 Empire Associates LLC, respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by remitting to the Appellate Division for further proceedings in accordance with this memorandum and, as so modified, affirmed. The certified question should be answered in the negative.

The failure of authorities to issue a violation of the New York City Noise Control Code (see Administrative Code of City of NY § 24-201 et seq...

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