Residents of an Upper West Side cooperative who claim they were “tormented” by music blaring from a popular rooftop bar might finally get some peace and quiet.
Reversing a lower court, a 3-1 panel of the Appellate Division, First Department, held that the owner of 61 West 62nd St. had demonstrated that noise from the Empire Hotel Rooftop Bar’s open-air deck “greatly exceeded the maximum allowed by ordinance,” even though the establishment had never been cited for noise violations by the New York City Department of Environmental Protection (DEP).
