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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48281

Justice Lefkowitz

PLAINTIFFS, OWNERS of commercial buildings constructed before 1984, sought an injunction barring enforcement of defendant Village’s March 25, 1997 local law requiring sprinklers in all existing buildings by April 1, 2004. The Village argued that plaintiffs’ action was time-barred and that no irreparable harm was shown. Plaintiffs countered that §19 of the Uniform Fire Prevention and Building Code barred application of the Village’s law to their buildings and that irreparable harm arose from the cost for retrofitting sprinklers as well as potential structural changes required to comply with the law. The court granted plaintiffs an injunction. Based on Rabinor v. Ithaca Bldg. Code, it found irreparable harm based on the costs plaintiffs would incur in retrofitting their buildings for sprinklers as well as structural changes to their buildings in order to comply with the law. The court also found that the equities favored the plaintiffs because the coercive effect of the local law was delayed for more than seven years.

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