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(212) 925-1365
19 Mercer Street, New York, NY
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.
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.
Excerpt below, or please visit our desktop site to view scans of Judge Tolub's Decision. The scans are too large for mobile device screens.
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.
[excerpt from transcript - emphasis ours]
MS. BERNFELD: Defense rests, your Honor
THE COURT: That's it?
MS. BERNFELD: Yes.
THE COURT: Well, this hearing was called originally to determine whether or not the restaurant in question was in violation of the - - I guess the administrative code provision, it is not a state provision, it is a city provision, the administrative provision at the time the original application was brought.
That having been said and based primarily on the testimony of Alan Fierstein, it is my opinion - - that at the time of the application was brought - - that the defendants here are in violation of the administrative code provisions regarding noise.
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