Tracy Peterson Successfully Defeats an Application for a Preliminary Injunction

Tracy Peterson successfully defeated an application for a preliminary injunction sought to restrain a condominium and its board of managers from allowing noise alleged to exceed Noise Code limits from emanating from an elevator machine room into the plaintiff unit owner’s apartment.  The plaintiff owns and lives in an apartment located directly under the building’s elevator machine room and adjacent to one of the building’s elevator shafts.  The Court held that the plaintiff impermissibly was seeking the ultimate relief.  The Court further held that the plaintiff sought to alter, rather than maintain, the status quo, and further, that there were questions as to whether Noise Code violations had occurred.

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