An expert witness is one whose qualifications allow him to present testimony based on his opinions, rather than just facts.
One very effective strategy in noise cases to demonstrate in court just exactly what the complaining party hears. We can record the sound at the listener's location (just above their pillow, at 1 AM, for instance) and simultaneously measure its level and See Al Fierstein in action [VIDEO]: Testimony and sound level demonstration at the State Liquor Authority frequency response. This information allows us to accurately recreate the sound in court with a portable sound system. We pioneered this system years ago and have more experience in sound recording than any other consultant in New York.
We can make computer charts to prove that annoying noises are serious problems. A picture is sometimes worth a thousand words.
We also have special equipment for logging longer-term or intermittent noise. This includes a custom-built tamper-proof test rig that can be left in a client's space to make calibrated recordings of noise for future analysis or court playback. In a recent case we played back the noise coming from a recording studio for the judge, forcing the studio to fix the problem.
In a recent case that was reported in various newspapers, a resident lost his case against a restaurant, largely because he and his consultant (not Acoustilog) did not present evidence of a recurring, ongoing problem. See Pildes vs. Restaurant Daniel
Our calibrated recording system (read more) is designed to do just that — document multiple occurrences of noise over a period of days or even weeks — something that cannot be accomplished by a couple of brief visits. Here's an article that describes the necessity of documenting a pattern of nuisance, rather than an isolated incident or two. NY Housing Journal Article
News: Appellate Court issues injunction in favor of our clients, based on evidence obtained using the Acoustilog Long-Term Recording System
We have worked with numerous law firms on behalf of their clients. In addition to our measurement and expert witness services, we can help lawyers prepare effective questions for use in cross-examining an opposing witness.
If you have a client whose business makes noise, such as a nightclub or gym, or is sensitive to noise, such as a recording studio, we can help you with site evaluation (before your client signs a lease) and advise you on any noise-related language in the lease.
Once we have done a consultation for you we can help you find an attorney with experience in noise cases. They require an acoustical report in order to properly advise you. George Locker, an attorney we worked with recently, has written an informative article about the process.
|61 West 62 Owners Corp. v. CGM EMP LLC, et al.,||Supreme Court, Appellate Div, 1st Dept.||Tom, Catterson, Moskowitz, DeGrasse|
|Alchemy Condominium vs. Howard Finkelstein, House Of Sound Inc. and Robert Clivilles||Affidavit|
| Arlington Club Noise Violation
|Environmental Control Board||ALJ Robin Zupnick|
|Boswells vs. Kowall||Housing Court||Judge Peter Wendt|
|Brasseur vs. Level Club Condominium||NY State Supreme Court||Judge Carol R. Edmead|
|Shepard Ellenberg & Penquin Tenants Corp||Amer. Arbitration Ass'n||Peter Goetz, Arbitrator|
|NYC DEP v. Tao Restaurant. NOV #000260520M||ECB||ALJ Rachel Potasznik|
|Matter of Filippini||NYC Loft Board||ALJ John Spooner|
|Flatiron Group (Limelight Nightclub)||State Liquor Authority|
|Hot and Crusty vs. Seymour||Housing Court||Judge Goldman|
|John Gotman vs. Magic Venture Recording Studios||Supreme Court||Judge Schacman|
|Judith Abrams v 4-6-8||NYC Civil Court, Housing Part B||Judge David Cohen|
|Kahona Beach LLC and Yamilee Bongo Against Santa Ana Restaurant, 344 Bowery Retail LLC And Robert Lombardi||NYS Supreme Court, NY County. Civil Term Part 15: 105937/09||Judge Walter Tolub|
|NYC DEP Vs. Ballinger's/Webster Hall||ECB||Hearing Officer Mark Weiner|
|Orange Theory Gym||BSA||.|
|Paul vs. Rokosz (Click for full text)||Civil Court of NYC||Hon. Joseph Capella|
|Pilot Recording Studios vs. Sutton Gymnastics||NY State Supreme Court||Hon. Rosalyn Richter|
|Rock Springs Mgt. vs. Nada Severdija||Civil Court||Judge Peter Wendt|
|Rome, Inc.||State Liquor Authority||ALJ A.Tessler|
|Turley Vs. NYC Police Department, 93 Civ. 8748 (AGS)||U.S. Federal Court|
|Village 12th St. LLC vs. Dale Gordon Goldstein||NYC Civil Court, Housing Part C||Judge Brenda S. Spears|
|1080 Warburton Associates vs Bruce Dulak||Yonkers City Court SP-3176-07||Judge Mary Anne Scattaretico-Naber|
|815 Park Owners V. Sanford Rose||Civil Court||Judge Walter Strauss|
|Coriander Way Condo Associates v. Corway Corp., Dkt. No. BER-L-1986-94||Berger County Superior Court, New Jersey Law Division|
|David Barton Gym, 173-95-BZ||New York City Board of Standards and Appeals|
|85th Columbus Corp. v. Ethan Silverman Index No. 056947/93||New York City Civil Court, Manhattan Housing Part|
|506 East 88th Street v. Jean Davidson, Index No. 084031/92||New York City Civil Court, Manhattan|
|John Pere 304 Mullberry Street V. Allen Sack Index No.122696/93||New York City Civil Court, Manhattan|
|Matt Resnicoff v Arnold Friedman, Merna Friedman, and Plaza 400 Owners Corp Index No.134016/94||Supreme Court||Judge Wilke|