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

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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.)

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Published In: Administrative Agency Updates, Civil Rights Updates, Communications & Media Updates, Constitutional Law Updates, Zoning, Planning & Land Use Updates

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, Goetz Fitzpatrick LLP | Attorney Advertising

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