Department Of Buildings Violation Dismissed in Bronx for Failure of Proof
The management company retained Adam Leitman Bailey, P.C. to defend a Department of Buildings summons that alleged a failure to correct prior violations relating to sprinkler systems and issued repeat violations for the same failure.
Adam Leitman Bailey, P.C. initially wrote to the Environmental Control Board asking them to clarify exactly which violations were allegedly uncorrected. Once a response had been provided from the Environmental Control Board, Adam Leitman Bailey, P.C. worked with the management company to uncover documents that demonstrated that the prior violation had indeed been corrected.
At the hearing, Adam Leitman Bailey, P.C. offered arguments and evidence to show that not only had the prior violations been corrected but that a correction inspection had been scheduled with the Department Of Buildings.
The attorney for the Department Of Buildings initially argued that Department Of Buildings had no information about a correction inspection but following consultation with their department chief inspector and a review of their files, the Department Of Buildings stated that it appeared that the test had either been scheduled or had taken place.
The judge dismissed the Department Of Buildings violation due to failure of proof.
Pete Reid appeared on behalf of Adam Leitman Bailey, P.C.