Sala Victorious In Neighbor Lawsuit, Ruled Not A Nuisance

A condo owner who purchased an apartment above Sala on Bowery sued the restaurant, claiming that it created a nuisance by playing music too loudly. Yamilee Bongo claimed that Sala's loud music disrupts her "sleep, health and her ability to enjoy her home", and that although she knew the restaurant was there when she purchased the apartment in 2007, she "was unaware that gala hosted private parties and operated as a nightclub on weekends". This follows the surprising court victory by the coop neighbors of the Empire Hotel Roof Bar, where a judge ruled that the bar "created a nuisance that degraded the residents' quality of life and diminished their property values." Those neighbors had proven a nuisance over a period of time. Unfortunately for Bongo, the judge did not find her argument adequate and sided with Sala, saying that Bongo had really only proven a minor violation of the City's noise code. Advantage: loud noise.
· Yamilee Bongo v Sala [NY Law Journal] (subscription reqd]
· Noise Wars [EVG]
· Midtown Co-op Forces Empire Hotel To Close Roof Bar [~ENY~]