We filed a motion, based on an affidavit filed by 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 this stay pending decision of the appeal.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.