From the Daily News:
Residents of a ritzy upper East Side condo are stuck with unsightly cell towers on their building's roof after a Manhattan judge allowed T-Mobile to continue installing the antennas.
Construction work was put on hold after owners at Salem House on E. 81st St. sued their condominium board and the wireless company, arguing the apparatus - put in without tenants' consent and surrounded by ominous warning signs - is bad for their health.
The towers are on the common, frequently used rooftop "only feet away from outdoor terraces of the penthouse units," the suit claimed back in March. Condo owners asked for $60 million in damages in addition to having the project scrapped.
T-Mobile, which already has spent $270,000 on the work, countered that the signs are required by the federal Communications Commission, and besides, only the FCC has control over telecommunications facilities.
Supreme Court Justice Louis York agreed.
In a decision published this week, he allowed the work to go on for now.
"This Court has seen no basis to assume that the installation of these facilities will cause harm to the users of the roof," he wrote. "But even if such harm were provable, injunctive relief would be denied" because federal law takes precedence.
The project is still grounded, however, due to a pending stop-work order issued by the Buildings Department after contractors punctured a partition, records show.