Tenant Backup Power Installation Litigation

Following up on Matter of RCN Telecom Services of New York v, City of New York, 2012 N.Y. Misc. LEXIS 6098 (N.Y. Sup. Ct. New York Cty. 2012 [M. Shulman]) vacated in part, affirmed in part, 100 A.D.3rd 538 (1st Dep’t 2012), mot. lv. to app. dismissed 21 N.Y.3rd 978 (2013), the Law Offices of David M. Wise, P.A. has commenced a lawsuit entitled Level 3 Communications LLC et al. v. Jacques Jiha, the Commissioner of Finance the City of New York et al., N.Y.S. Sup. Ct. New York Cty., Index No. 156255/2016, on behalf of numerous named and unnamed clients challenging the City of New York’s practice of assessing tenant backup power installations to the tenants and separately from the leasehold premises on statutory and constitutional grounds. The City has moved to dismiss, and the plaintiffs have cross-moved for summary judgment.

We have attached copies of the relevant pleadings and motion papers: Level 3 v. Jiha Summons and Complaint; Defendants’ Notice of Motion to Dismiss; Defendants’ Affirmation in Support of Defendants’ Motion to Dismiss; Defendants’ Memorandum in Support of Motion to Dismiss; Plaintiffs’ Notice of Opposition and Cross-Motions; Affirmation of David M. Wise in Opposition to Motion to Dismiss and in Support of Cross-Motions for Summary Judgment and to Consolidate Under CPLR 602; and Plaintiffs’ Memorandum in Opposition to Motion to Dismiss and in Support of Cross-Motion for Summary Judgment.

Please feel free to call Mr. Wise at (908) 653-1700, or e-mail him at dwise@cranfordlegal.com should you have any questions about this litigation.