Plaintiff, the owner of a residential cooperative apartment building, brought this private nuisance action against the owners and operators of a rooftop bar on an adjacent building alleging that defendants "play or permit to be played music at extremely loud level." On May 26, 2009, plaintiff moved by show cause order for a preliminary injunction prohibiting the bar's use of the open roof deck as well as the attendant excessive noise. The trial court denied plaintiff's motion...
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