Loud SIU cafe tortures upstairs neighbor, lawsuit claims

UPPER EAST SIDE, NY — A cafe on the ground floor of an upscale Upper East Side building torments its upstairs neighbor with a near-constant noise that rocks her apartment, the resident alleges in a new lawsuit.

The lawsuit, filed Thursday in state court, relates to the Joe & The Juice cafe at the corner of East 80th Street and Lexington Avenue. It opened around October 2018 – more than a year after Plaintiff moved into the apartment above in the luxury co-op at 133 East 80th St.

It immediately began to cause “significantly disruptive noise” in the woman’s apartment, she says – largely from the large blenders, juicers and smoothie makers the store uses to make its herbal drinks. juices and shakes.

“When in operation, these machines generate a loud, high-pitched hum that is clearly audible throughout the apartment,” the lawsuit states, adding that the machines operate “almost continuously” during office hours.

Patch does not identify the woman by name, since the suit relates to her location.

Machinery is not the only source of noise. When preparing food and cleaning, employees often bang their equipment against countertops and other surfaces, creating “sudden ‘banging’ noises that are jarringly audible” throughout the apartment. throughout the day, says the woman.

Meanwhile, from before 7 a.m. until around 7 p.m. on several days, the store plays loud, heavy music that “can be heard and the punchy bass can be felt” throughout the woman’s home, she says.

Seeking relief, the woman began filing a complaint with her building co-op’s board shortly after the cafe opened. Building managers Brown Harris Stevens promised to look into the matter but got no results, the resident said.

In March 2020, as COVID-19 swept through New York, the woman temporarily relocated to California and Joe & The Juice closed along with many businesses in the city. By June last year, however, the store had reopened and the woman moved out – and found her flat to be as noisy as ever, she says.

As the noise has “got even worse” over the past few months, the woman has made matters worse by hiring Acoustilog, a sound measurement company, to visit her flat and make recordings. For 10 days in early April, the company measured sound up to 17 decibels above ambient noise levels – above what’s allowed by the city’s noise code, which prohibits noise boosts over 15 decibels.

The woman’s attorney shared the sound measurements with her building’s management, but was unable to reach an agreement with the company to resolve the issue, she said.

The lawsuit seeks combined damages of $4.5 million from Joe & The Juice and the building managers.

A Brown Harris Stevens spokesperson declined to comment, while Joe & The Juice – a multinational chain based in Copenhagen – did not immediately respond to a request for comment.