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D.K. PROP v. MEKONG REST CORP

187 Misc.2d 610 (2001)

723 N.Y.S.2d 823

D.K. PROPERTY, INC., Appellant, v. MEKONG RESTAURANT CORP., Respondent.

Supreme Court, Appellate Term, First Department.

January 5, 2001.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler & Schwartz, P. C., New York City (Jeffrey R. Metz and Paul N. Gruber of counsel), for appellant.

Belkin Burden Wenig & Goldman, L. L. P., New York City, for respondent.

McCOOE, J. P., Davis and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered March 30, 1999 reversed, with $10 costs, tenant's motion for summary judgment is denied, and the holdover petition is reinstated.

Tenant operates a restaurant and bar at a storefront on Prince Street in Manhattan. Following numerous complaints from neighbors regarding the noise level at the restaurant, landlord retained a professional sound engineer to ascertain the noise level, which he found to be...

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