(212) 925-1365 19 Mercer Street, New York, NY

Litigation Support &
Courtroom Sound Demonstrations


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Alan Fierstein testifying before NY City Council

Please read "A Message from Al Fierstein"

See our Services for Attorneys page

An expert witness is one whose qualifications allow him to present testimony based on his opinions, rather than just facts. We are regularly called in for lawsuits and other legal issues regarding noise.

Is an Expert Witness a "Hired Gun"? Click here.
Alan Fierstein has 47 years of acoustic consultation experience (as of 2015) and is routinely accepted as an expert witness in noise abatement cases. He has extensive experience in Federal, State and Civil Courts as well as administrative bodies such as BSA and DEP.

Read a recent Tesimonial Letter from an Attorney

Courtroom Sound Demonstrations

One very effective strategy in noise cases to demonstrate in court just exactly what the complaining party hears. We can record the sound at the listener's location (just above their pillow, at 1 AM, for instance) and simultaneously measure its level and See Al Fierstein in action [VIDEO]: Testimony and sound level demonstration at the State Liquor Authority frequency response. This information allows us to accurately recreate the sound in court with a portable sound system. We pioneered this system years ago and have more experience in sound recording than any other consultant in New York.

Documentation

We can make computer charts to prove that annoying noises are serious problems. A picture is sometimes worth a thousand words.

Computer Noise Log

We also have special equipment for logging longer-term or intermittent noise. This includes a custom-built tamper-proof test rig that can be left in a client's space to make calibrated recordings of noise for future analysis or court playback. In a recent case we played back the noise coming from a recording studio for the judge, forcing the studio to fix the problem.

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Documenting a "Recurring Pattern of Nuisance"

In a recent case that was reported in various newspapers, a resident lost his case against a restaurant, largely because he and his consultant (not Acoustilog) did not present evidence of a recurring, ongoing problem. See Pildes vs. Restaurant Daniel

Tamper Proof Noise Recording Rig
Our calibrated recording system (read more) is designed to do just that — document multiple occurrences of noise over a period of days or even weeks — something that cannot be accomplished by a couple of brief visits. Here's an article that describes the necessity of documenting a pattern of nuisance, rather than an isolated incident or two. NY Housing Journal Article

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Attorneys

We have worked with numerous law firms on behalf of their clients. In addition to our measurement and expert witness services, we can help lawyers prepare effective questions for use in cross-examining an opposing witness.

If you have a client whose business makes noise, such as a nightclub or gym, or is sensitive to noise, such as a recording studio, we can help you with site evaluation (before your client signs a lease) and advise you on any noise-related language in the lease.

Once we have done a consultation for you we can help you find an attorney with experience in noise cases. They require an acoustical report in order to properly advise you. George Locker, an attorney we worked with recently, has written an informative article about the process.

Representative Court Appearances

Case Court Presiding
61 West 62 Owners Corp. v. CGM EMP LLC, et al., Supreme Court, Appellate Div, 1st Dept. Tom, Catterson, Moskowitz, DeGrasse
85th Columbus Corp. v. Ethan Silverman Index No. 056947/93 New York City Civil Court, Manhattan Housing Part
Board of Mgrs. of the 257 W. 17th St. Condominiums v 257 Assoc. Borrower LLC
160585/13
NY Supreme Court Judge Joan M. Kenney
506 East 88th Street v. Jean Davidson, Index No. 084031/92 New York City Civil Court, Manhattan
815 Park Owners V. Sanford Rose Civil Court Judge Walter Strauss
1080 Warburton Associates vs Bruce Dulak Yonkers City Court SP-3176-07 Judge Mary Anne Scattaretico-Naber
Judith Abrams v 4-6-8 NYC Civil Court, Housing Part B Judge David Cohen
Alchemy Condominium vs. Howard Finkelstein, House Of Sound Inc. and Robert Clivilles Affidavit
Amity Street Inc. Amity Hall (85. 2019-00493) State Liquor Authority
Arlington Club Noise Violation
(dismissed)
Environmental Control Board ALJ Robin Zupnick
NYC DEP Vs. Ballinger's/Webster Hall ECB Hearing Officer Mark Weiner
Boswells vs. Kowall Housing Court Judge Peter Wendt
Brasseur vs. Level Club Condominium NY State Supreme Court Judge Carol R. Edmead
Coriander Way Condo Associates v. Corway Corp., Dkt. No. BER-L-1986-94 Berger County Superior Court, New Jersey Law Division
Chung vs. Indigo Kitchen Harlem , LLC Index No. 155008/2015 NY State Supreme Court Judge Shlomo S. Hagler
David Barton Gym, 173-95-BZ New York City Board of Standards and Appeals
Shepard Ellenberg & Penquin Tenants Corp Amer. Arbitration Ass'nPeter Goetz, Arbitrator
Matter of Filippini NYC Loft Board ALJ John Spooner
Flatiron Group (Limelight Nightclub) State Liquor Authority
VIVIAN RIVKIN FRIEDMAN and SIDNEY J. FRIEDMAN, Plaintiffs, -against- 333 WEST END TENANTS CORP, Index No. 151216/2020 Supreme Court: Civil Term: Part 17
John Gotman vs. Magic Venture Recording Studios #006113/1986 Supreme Court Judge Schacman
Grecia Gross v. 133 EAST 80TH, JOE & THE JUICE NEW YORK LLC INDEX NO. 155888/2022 Supreme Court Judge Goetz
Hot and Crusty vs. Seymour Housing Court Judge Goldman
Kahona Beach LLC and Yamilee Bongo Against Santa Ana Restaurant, 344 Bowery Retail LLC And Robert Lombardi NYS Supreme Court, NY County. Civil Term Part 15: 105937/09 Judge Walter Tolub
Paul vs. Rokosz (Click for full text) Civil Court of NYC Hon. Joseph Capella
John Pere 304 Mullberry Street V. Allen Sack Index No.122696/93 New York City Civil Court, Manhattan
Pilot Recording Studios vs. Sutton Gymnastics NY State Supreme Court Hon. Rosalyn Richter
Matt Resnicoff v Arnold Friedman, Merna Friedman, and Plaza 400 Owners Corp Index No.134016/94 Supreme Court Judge Wilke
Rock Springs Mgt. vs. Nada Severdija Civil Court Judge Peter Wendt
Rome, Inc. State Liquor Authority ALJ A.Tessler
NYC DEP v. Tao Restaurant. NOV #000260520M ECB ALJ Rachel Potasznik
Turley Vs. NYC Police Department, 93 Civ. 8748 (AGS) U.S. Federal Court
Village 12th St. LLC vs. Dale Gordon Goldstein NYC Civil Court, Housing Part C Judge Brenda S. Spears

Acoustilog, Inc.: Gyms, Fitness Studios and Dance Studios

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