Legal Opinion
61 West 62 Owners Corp. v. CGM EMP LLC
Appellate Division of the Supreme Court of the State of New York
Decided August 24, 2010PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
The plaintiff is the owner of a residential cooperative apartment building. On or about June 10, 2008, the defendants began to operate a bar on the rooftop of a 12-story building adjacent to the cooperative. Less than a year later, the plaintiff commenced this action, alleging that the defendants “play or permit to be played music at extremely loud levels,” thus tormenting the cooperative’s residents whose apartments are near the bar. The plaintiff also alleged that the pounding and other noise often continues until 3:00 a.m.
The plaintiff contended the…
2Cases cited4 opinions
- Doe v. AxelrodNew York Court of Appeals · 1988
- Zimmerman v. CarmackAppellate Division of the Supreme Court of the State of New York · 2002
- Stiglianese v. ValloneAppellate Terms of the Supreme Court of New York · 1997
- Stiglianese v. ValloneCivil Court of the City of New York · 1995
3Cited by23 opinions
- Sterling v. Deutsche Bank Nat'l Trust Co.District Court, S.D. Illinois · 2019
- Berenger v. 261 West LLCAppellate Division of the Supreme Court of the State of New York · 2012
- 1234 Broadway LLC v. West Side SRO Law ProjectAppellate Division of the Supreme Court of the State of New York · 2011
- 84-85 Gardens Owners Corp. v. 84-12 35th Avenue Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Chelsea 18 Partners, LP v. Sheck Yee MakAppellate Division of the Supreme Court of the State of New York · 2011
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