Condo Owner’s Motion for Injunction Against Noisy Hotel Denied Where the Hotel Was Present Before Plaintiff Bought Her Unit
The owner of a residential condominium unit filed a lawsuit seeking an injunction against the owner of the condominium’s hotel unit, alleging unreasonable noise levels emanating from the entertainment spaces at the hotel. A lower court denied plaintiff’s motion for a preliminary injunction and the appeals court agreed.
The court found that plaintiff could not show that a balancing of the equities weighed in her favor, as required to obtain a preliminary injunction, because plaintiff “purchased a unit in a condominium where one of the units was a hotel, operating directly below her and where she was aware from the offering plan that entertainment spaces would be present in the hotel.” This fact distinguished this case from a prior court decision that plaintiff relied on, because in that case “the club at the center of the noise complaints began operations after the plaintiffs were already owner[s].”
In addition, the court found that “[t]he harm to plaintiff in maintaining the status quo while awaiting trial on her claims is compensable by measurable money damages and therefore not irreparable,” thus failing to satisfy another of the requirements for a preliminary injunction. Montgomery v. 215 Chrystie LLC, 2022 N.Y. App. Div. LEXIS 5825, 2022 N.Y. Slip Op. 05955 (1st Dep’t Oct. 25, 2022).