Expert Witness Testimony: Shepard Ellenberg & Penquin Tenants Corp

Our client, Shepard Ellenberg, controlled a downstairs restaurant space in a residential co-op. The co-op board put in place a rule barring music in the space. Ellenberg commenced an arbitration proceeding to invalidate the unreasonable rules, in order to prevent the restaurant space from becoming worthless.

The co-op board hired Robert A. Hansen Associates, who said that any music that was audible to the customers would create a noise violation in the apartments above, even if the ceiling was dropped down a foot to 6'-4". Acoustilog represented Mr. Ellenberg, and set up a music demonstration at the restaurant. We showed that with a few reasonable measures, high-quality background music could be played without breaking the law, and no dropped ceiling would be necessary.

The arbitrator's decision, excerpted below, agreed with our position and saved our client's profitable business.