OTR Media Group, Inc. v. The City of New York et al.

Affidavit in Support of Motion by OTR Media Group, Inc. for a Stay of Enforcement of Summary Judgment Order


We filed a motion, based on this affidavit from the Chief Executive Officer of OTR Media Group, in New York's Appellate Division, First Department to stay the enforcement of the decision and order of Supreme Court, New York County (Justice Eileen Rakower) dated July 20, 2010, granting the motion for summary judgment of Defendants the City of New York, et al. in an action seeking to overturn new and draconian billboard regulations in New York City.

OTR was compelled to make this motion because immediate enforcement of the trial court's order would have been devastating to OTR's business, which would render the appeal moot. Absent a stay, we argued, the City would have been authorized immediately to begin enforcement of an illegal and unconstitutional statutory scheme enacted by the City of New York at the behest of Plaintiff’s direct business competitors, major public corporations, designed with no purpose other than to eliminate competition and secure virtually the entire market for outdoor advertising for themselves. Nonetheless, the Supreme Court, New York County, denied our predecessor counsel's earlier request to stay its own motion pending the appeal.

We argued that these laws, whose enforcement had already, by stipulation, been stayed for a period of years, were rife with profound public policy implications regarding free speech and government over-reaching.

The Appellate Division agreed and entered the requested stay pending decision of the appeal. (That has been filed as a separate, linked document.)

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

Reference Info:Legal Memoranda: Post-Trial Motions | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Archer & Greiner, PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.