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El Chod: Empire Hotel Roof Bar Is Open, Open, Open

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Jeffrey "El Chod" Chodorow had a small issue with yesterday's report that a neighboring coop had won a legal battle to close the Empire Hotel's roof bar's outdoor patio. He fired off a missive to say that the post "stating that we were required to close our outdoor terrace is incorrect", continuing:

we have not been ordered by anyone to do anything, let alone shut down our outdoor terrace, and your statement to that effect is incorrect and irresponsible. We, of course, will work to make sure our neighbors are not unreasonably disturbed, as we have always done, but this matter is a long way from being finally resolved.
The decision overturning Chod's win states "the order of the Supreme Court . . . should be reversed, on the law, without costs, and the matter remanded for an appropriate provisional remedy", but he's the one on the frontlines. Let the patio drinking continue!

From: El Chod
Date: Tue, 24 Aug 2010 23:11:40
To: Eater

For Eater:

Your article stating that we were required to close our outdoor terrace is incorrect. We have been in litigation with our neighbors for almost a year after they asked for a temporary restraining order and then a preliminary injunction to prevent our roof bar from making excessive noise. This action followed complaints by our neighbors to the Community Board and the police. The Community Board investigated the complaints by going to the complaining residents apartments and they found no basis for the complaints and supported our licensing efforts. The police came numerous times without a single noise violation being issued. In fact, no administrative agency with jurisdiction over the roof has issued any noise violation. The trial court rejected their request for both a restraining order and a preliminary injunction as did an Appellate judge. Now the Appellate court has instructed the trial court to issue an order that protects the neighbors from excessive late night noise. We do not believe we are creating excessive late night noise, and have taken significant efforts at significant expense to insure same, but here has been no hearing at which a finding that we are making excessive noise has been made and we will contest this vigorously when a hearing is scheduled. In the meantime, we have not been ordered by anyone to do anything, let alone shut down our outdoor terrace, and your statement to that effect is incorrect and irresponsible. We, of course, will work to make sure our neighbors are not unreasonably disturbed, as we have always done, but this matter is a long way from being finally resolved.
· Empire Hotel Coverage [~ENY~]

Empire Hotel

44 W. 63rd St, New York, NY

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