Thursday, October 7, 2010

Noise wars: Bowery resident sues the eatery down below



A resident at 344 Bowery is suing her downstairs neighbor, the Spanish tapas joint Sala. The New York Law Journal wrote about the case yesterday:

New York City has a reputation as the city that never sleeps. As a recent decision by Supreme Court, New York County Justice Joan M. Kenney in Kahona Beach LLC v. Santa Ana Restaurant Corp. demonstrates, balancing that 24/7 vitality against competing quality of life concerns can sometimes be problematic and require court intervention. In Kahona Beach, the limited liability company owning a condominium apartment in Manhattan, and the individual residing there, sued a restaurant/lounge located directly below the apartment, the principal of the restaurant/lounge and the restaurant/lounge’s landlord. The suit sought damages and permanent injunctive relief based on defendants’ allegedly having created a private nuisance by playing music too loudly.


You need a "premium subscription" to access the article ... However, I'm thankful that the lawyer behind the blog NonConformingUse passed along the link with a quickie explanation:

Feel free to read through the whole article (which is just a jargony rehash of the decision). Basically, this case is cleared to go to trial — there are issues of fact that a jury needs to decide.


Also, as I reported back in August, Sala is for sale.

[Updated: Eater is reporting that Sala was victorious in the lawsuit.]

5 comments:

  1. That's great. I wish I had the money to sue Mundial when it was open on 12th Street. I can't tell you how many sleepless nights I endured because of that place. Seriously, if money wasn't an issue, I would have done it. Unfortunately, 99.9 percent of us just don't have the funds to battle the bars.

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  2. Where are those damn Free Marketers when you need them??? Isn't this the kind of thing that capitalism is supposed to fix??? I mean, someone should be inventing and fabricating some kind of ceiling and flooring that would stop the noise, making both parties happy and able to live side-by-side. Imagine how much money a company could make between the bars and bedrooms of thousands of NYC'ers.

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  3. I feel for the tenant but who in their right mind would buy a condo above a restaurant? Even if Sala was quiet, whose to say the next tenant wouldn't be?

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  4. Well, to be fair, this isn't exactly over. Eater doesn't have it quite right.

    True, the judge denied her motion for summary judgment and for a permanent injunction (i.e. she wanted the court to prevent Sala from playing ANY music from 9pm til 11am - 7 days a week!). But the court did NOT decide whether the Sala noise was a nuisance -- instead, that's going to have to be decided at trial.

    From the decision: "As is generally the case in nuisance suits, this case presents issues of fact for trial. The primary dispute here concerns the reasonableness of the noise that has emanated from Sala."

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  5. POWerrr to the PeoPLE!

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