Rabbinical Court (Beth Din of America) rules for our client based on Expert Witness Testimony by Alan Fierstein, using evidence obtained with the Acoustilog Long-Term Recording System.
Residents of our client's Condominium Association were disturbed by noise from a nearby summer camp, particularly amplified public address announcements and music. A Declaration of Easements, Covenants, and Restrictions specified that a dispute between these parties would be decided by the Rabbinical Court
Alan Fiersten of Acoustilog set up a calibrated recording system to record the noise over a ten-day period and produced a report documenting the noise levels. He testified before the Rabbinical Court. The summer camp hired their own expert to attempt to rebut Acoustilog's findings.
The Rabbinical Court's decision credited Mr. Fierstein's testimony, saying that:
"...we found Mr. Firestein to be a credible and knowledgeable witness who presented his findings clearly, methodically, and with evident command of his subject matter. His testimony was well-grounded in his recorded data, internally consistent, and unshaken in its essential conclusions even after extensive cross-examination."
They rejected the opposing expert's attempts to rebut Mr. Fierstein's testimony and found for Acoustilog's client. They even directed HCS (the camp) to pay some of Venetian Villas' costs, which were greater than necessary due to HCS extending the case with a "frivolous" defense.
The entire decision appears below. The sections that discuss the noise issue begin on Page 5.
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