After a rooftop bar opened up next door, 61 W. 62 Owners Corp.--a New York City co-operative--sued to stop the noise and other disturbances generated by the establishment and its patrons.
While the New York County Supreme Court dismissed the case, because the New York City Department of Environmental Protection hadn't issued a noise violation, the Appellate Division, First Department, thought that didn't prevent the court from fashioning appropriate relief--particularly in light of the analysis offered by an acoustical expert.
When the case reached our state's highest court, the New York State Court of Appeals concurred with the AD1 and thought that the co-op wasn't precluded from seeking relief merely because no violation had issued, and sent the case back to the AD1.
And because it was of the view that the co-op was entitled to an injunction, the AD1 directed the New York County Supreme Court to "fashion" an "appropriate provisional remedy."
The party's over....
To view a copy of the Appellate Division's decision, please use this link: 61 W. 62 Owners Corp v. CGM EMP LLC