61 West 62 Owners Corp. v. CGM EMP LLC
Cases that cite this one
24 later published cases cite this decision.
- Katz 737 Corp. v. Cohen (Appellate Division of the Supreme Court of New York 2012)
- Katz 737 Corp. v. Cohen (Appellate Division of the Supreme Court of New York 2012)
- 61 West 62 Owners Corp. v. CGM EMP LLC (Appellate Division of the Supreme Court of New York 2011)
- Krakovski v. Stavros Assoc., LLC (Appellate Division of the Supreme Court of New York 2026)
- Kosek v. Engel (Appellate Division of the Supreme Court of New York 2025)
- Sebco Dev., Inc. v. Building Mgt. Assoc., Inc. (New York Supreme Court, Bronx County 2024)
- Sebco Dev., Inc. v. Building Mgt. Assoc., Inc. (New York Supreme Court, Bronx County 2024)
- Samaha v. Brooklyn Bridge Park Corp. (Appellate Division of the Supreme Court of New York 2024)
- Board of Mgrs. of the Promenade Condominium v. Eshaghpour (New York Supreme Court, New York County 2024)
- JY Not So Common L.P. v. P & R Bronx, LLC (New York Supreme Court 2023)
- Berg v. Chelsea Hotel Owner, LLC (Appellate Division of the Supreme Court of New York 2022)
- Sutton Lenox LLC v. Tinta (Appellate Division of the Supreme Court of New York 2022)
- Sutton Lenox LLC v. Tinta (Appellate Division of the Supreme Court of New York 2022)
- Jobe v. Chelsea Hotel Owner LLC (Appellate Division of the Supreme Court of New York 2021)
- Jobe v. Chelsea Hotel Owner LLC (Appellate Division of the Supreme Court of New York 2021)
- 84-85 Gardens Owners Corp. v. 84-12 35th Avenue Apartment Corp. (Appellate Division of the Supreme Court of New York 2012)
- Berenger v. 261 West LLC (Appellate Division of the Supreme Court of New York 2012)
- Maniscalco v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2012)
- Frankel v. Vernon & Ginsburg, LLP (Appellate Division of the Supreme Court of New York 2012)
- Frankel v. Vernon & Ginsburg, LLP (Appellate Division of the Supreme Court of New York 2012)
- 1234 Broadway LLC v. West Side SRO Law Project (Appellate Division of the Supreme Court of New York 2011)
- Johnson v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2011)
- Chelsea 18 Partners, LP v. Sheck Yee Mak (Appellate Division of the Supreme Court of New York 2011)
- Ewen v. Maccherone (Appellate Terms of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
The order of the Appellate Division should be modified, without costs, by remitting to the Appellate Division for further proceedings in accordance with this memorandum and, as so modified, affirmed. The certified question should be answered in the negative.
The failure of authorities to issue a violation of the New York City Noise Control Code (see Administrative Code of City of NY § 24-201 et seq.), by itself, does not preclude plaintiff from establishing that it is likely to succeed on the merits. However, it cannot be said on this record that the imposition of a provisional remedy is required as a matter of law. Therefore, the case should be remitted to the Appellate Division for the exercise of its discretion.
We have considered appellants’ other contention, and determine that it lacks merit.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
Respondent West 63 Empire Associates LLC is not eligible for affirmative relief in this appeal and we express no view on the arguments it has made in that regard (see Matter of Visiting Nurse Serv. of N.Y. Home Care v New York State Dept. of Health, 5 NY3d 499, 507 [2005]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.