Carter Holland, Law Street Media, Jun 3, 2020
On June 1, plaintiff Ninety Sixty LLC filed a breach of contract complaint against Sprint Spectrum Realty, Company, L.P., and T-Mobile USA Inc., alleging that they installed cell tower equipment without permission. Ninety Sixity alleges that a cell tower mounted by the defendants encroached on its property and violated terms of a contract. Sprint was acquired by T-Mobile on April 1, making it a successor in interest to the company; both are collectively referred to as “Sprint” in the complaint. The case is being held in the Southern District of New York before Judge Colleen McMahon. The plaintiffs are represented by Ulmer & Berne.
Sprint allegedly mounted a cell tower installation on a residential townhouse immediately adjacent to one owned by Ninety Sixty. Ninety Sixty co-owner Gerald Kerner noticed the installation prior to moving into the house in 2012. According to the complaint, the equipment was disguised, and “antennas were painted to look like the brickwork and thus were camouflaged.” Being close in proximity to the installation, Kerner feared he would receive excessive electromagnetic radiation.