Landlord Gets Preliminary Injunction Against Restaurant

July 31, 2011

LVT Number: #23551

Landlord, the owner of a residential co-op building, sued the owners of a rooftop bar on a neighboring building for nuisance, based on excessive noise. Landlord sought a preliminary injunction to stop the bar from playing excessively loud music. The court ruled against landlord because DEP had never issued a noise violation to the bar, so landlord was unlikely to succeed on the merits. The appeals court reversed. The bar then appealed to New York's highest court, which found that the absence of any DEP violation didn't prevent the court from issuing the injunction.

Landlord, the owner of a residential co-op building, sued the owners of a rooftop bar on a neighboring building for nuisance, based on excessive noise. Landlord sought a preliminary injunction to stop the bar from playing excessively loud music. The court ruled against landlord because DEP had never issued a noise violation to the bar, so landlord was unlikely to succeed on the merits. The appeals court reversed. The bar then appealed to New York's highest court, which found that the absence of any DEP violation didn't prevent the court from issuing the injunction. The case was sent back to the appeals court, which again ruled for landlord and granted the preliminary injunction.

61 West 62nd Owners Corp. v. CGM EMP LLC: NYLJ, 7/11/11, p. 18, col. 2 (App. Div. 1 Dept.; Tom, JP, Catterson, Moskowitz, DeGrasse, JJ)

Topics

More like this