Legal Question in Civil Litigation in New York
Harassment from a restaurant
We are renting an apartment in Queens, NY. There is a restaurant next door to where we live. It was built on the first floor. We live on the second floor. A year ago the owners of the restaurant built a second floor, which I believe was illegal. There is constant noise coming out of the restaurant because of their drunk clients. Every night we are tortured by loud talking in our bedroom. The smoke from their grill which they put on the second floor fills our apartment, coming through our windows and we have been infested with cockroaches. The restaurant also has an outside garden which is constantly occupied by shouting drunks and we are constantly harassed by their noise. I would like to know if we have legal grounds to sue the restaurant or the owners of the building and if yes what should be a reasonable amount to ask for? What kind of lawyer should we contact? Thank you.
2 Answers from Attorneys
Re: Harassment from a restaurant
It sounds as though you have grounds to commence an action against the restaurant for nuisance and to enjoin the conduct that is making it difficult to live in your apartment,
particularly with regard to the smoke, infestation of bugs, and noise.
Your landlord may also have a duty here, based upon the warranties of habitability, and quiet enjoyment implied in your lease.
Re: Harassment from a restaurant
This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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