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City of N.Y. v. OTR Media Grp.

No Newly Discovered Evidence, Misrepresentations Support Vacatur of Contempt Order

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DECISION AND ORDER

*1 The instant motion by OTR Media Group, Inc. (OTR), and its chief executive officer, Ari Noe, seeks to vacate an Order of Contempt, dated April 18, 2016, that found OTR and Noe guilty of civil contempt and issued a warrant for Noe’s arrest pursuant to CPLR 5015. In the alternative, OTR seeks to renew the initial proceeding pursuant to CPLR 2221(e). Judgment Creditors — City of New York and the New York City Environmental Control Board (ECB) (collectively, the City) — jointly oppose the motion to which OTR and Noe reply. The decision and order are as follows: OTR is an outdoor advertising company that places large scale advertising signs across the five boroughs. The operation of outdoor advertising signs is subject to legal framework of the Zoning Resolution, the Administrative Code, and the Rules of the City of New York (see Zoning Resolution §§22-32, 32-62, 32-63, 42-52; Administrative Code §§28-502, 503 et seq.; 1 RCNY§§49-12, 49-15[a]). The New York City Department of Buildings (DOB) enforces those provisions (see City Charter §643). Violations are subject to civil penalties (see Administrative Code §23-502.6). One enforcement vehicle is to enter any monetary penalty for ECB violations as judgments with the County Clerk. The City docketed numerous judgments against OTR relating to its numerous uncontested violations. In an effort to collect on the judgments, the City served subpoenas on OTR and Noe. The City brought this supplemental proceeding pursuant to Article 52 of the CPLR to hold OTR and Noe in contempt for failure to respond to subpoenas.

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