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.]