NYC Million Dollar Condos with a Side of Garlic? That’s a Lawsuit Cookin’!

October 9th, 2014. By LucyC

Tenants from hell?

Residents of a luxury New York apartment block on the upper east side  are suing their tenant, a ground-floor high-end greasy spoon—not for noise violations, not for late night closings—but for stinking the building out. There is such a thing as too much garlic, it seems.

Just for context, three bedroom condos in The Isis (maybe they should sue for a name change while they’re at it, eh?) on East 77th go for $2.8 million. Not exactly chump change. But included in that price, now, is eau du steak et frites avec garlic, eau du boeuf burger avec garlic, and eau du garlic avec garlic, courtesy of the French-Italian bistro, Vella, the alleged tenant-from-hell on the ground floor.

Members of the board of The Isis, apparently thought they were getting an odor-restrained wine bar when they rented out the unit in 2012. No cooking, just reheating with menu items that involve nothing more complicated than a hotplate (sounds like my kitchen). At least that’s what they’re claiming in their lawsuit.

The Vella started serving hamburgers, chicken and bacon without proper venting or fire-safety devices, the lawsuit states. Wonder if they’re serving fish…now that could get ugly.

According to the lawsuit, “The prohibited cooking is causing strong odors that permeate the entire Isis building and is a nuisance to the residential-unit owners of the condominium.” Dr. Yariv Houvras, 44, who lives with his wife and three children on the third floor, said the stink of garlic and roasted meat has saturated their apartment. “Imagine your closet full of clothes smelling like really, really pungent garlicky food,” he said. Oh yeah baby! Nothing like putting on your best suit and knocking people out with panache and the stale smells of yesterday’s blue plate.

Ben Ahn and his family, who live on the second floor of the Isis, said there is a “constant smell in our master bedroom, bathroom and closet space.” No comment.

Marc Landis, who represents the Isis residents, said, “The restaurant owner should not be allowed to conduct its business so irresponsibly. Our clients and their families have the right to enjoy their homes, free of noxious smells, unreasonable noise and risk of fire.” Oh yes—risk of fire—forgot about that one.

Stuart Shaw, an attorney for the commercial unit’s owner, 168 Madison Ave. LLC, said there are no violations and a study by the board found that there isn’t an actual odor issue. And the manager of Vella, Pavel Srbecky said, “We’re all up to code. We didn’t breach anything.” I’m not sure being up to code negates violating people’s air space with noxious fumes, but the judge hearing the suit turfed the Isis board’s emergency bid to shut down Vella’s kitchen. He did, however, leave the suit for $50,000 in damages against the restaurant and the commercial unit’s owner standing.

In case you’re in the area and fancy a nibble—or are just plain curious, The Yorkville eatery serves a $31 filet mignon with gratin potato and $24 braised short ribs with seasoned mixed vegetables.

 

This was posted on Thursday, October 9th, 2014 at 7:02 pm and is filed under Emerging Issues, Totally Tortelicious . Feel free to respond, or trackback. Read our comments policy.