Noise Case: Yamilee Bongo vs. Santa Ana Restaurant

2009: Supreme Court of the State of New York, County of New York Civil Term Part 15
Judge Walter Tolub
Kahona Beach LLC and Yamilee Bongo v.
Santa Ana Restaurant, 344 Bowery Retail LLC & Robert Lombardi.
Index 105937/09.

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Whose "side" are we on?
Our client was being disturbed in her condo unit by music from the restaurant downstairs. Alan Fierstein of Acoustilog testified that the noise exceeded code limits and demonstrated the sound levels in court. The Court ordered the restaurant to soundproof or face a fine of $1000.00 per occurrence.

Excerpts from Judge Tolub's decision: