D.K. Property, Inc. v. Mekong Restaurant Corp.

OPINION OF THE COURT

Order entered March 30, 1999 reversed, with $10 costs, tenant’s motion for summary judgment is denied, and the holdover petition is reinstated.

Tenant operates a restaurant and bar at a storefront on Prince Street in Manhattan. Following numerous complaints from neighbors regarding the noise level at the restaurant, landlord retained a professional sound engineer to ascertain the noise level, which he found to be unreasonable. A proceeding was commenced before the Environmental Control Board and, after an inspection, a violation was issued against the tenant based upon the…