Condo owners are suing smelly ground-floor restaurant

Written By Unknown on Selasa, 07 Oktober 2014 | 18.18

A luxury Upper East Side building where three-bedroom condos go for $2.8 million says its ground-floor tenant is stinking up the place with greasy burgers.

Members of the board of The Isis, at 303 E. 77th St., thought they were getting an odor-restrained wine bar when the owners of Vella signed a lease in 2012 that allows only reheating menu items using a hot plate, according to a new lawsuit.

But then the French-Italian bistro started serving hamburgers, chicken and bacon without proper venting or fire-safety devices, the Manhattan suit says.

"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," court papers state.

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.

Another resident, Ben Ahn, who lives on the second floor with his family, said there is a "constant smell in our master bedroom, bathroom and closet space."

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."

On Monday, a judge shot down the board's emergency bid to shut down Vella's kitchen, but the suit for $50,000 in damages against the restaurant and the commercial unit's owner continues.

The Yorkville eatery serves a $31 filet mignon with gratin potato and $24 braised short ribs with seasoned mixed vegetables.

Vella manager Pavel Srbecky said, "We're all up to code. We didn't breach anything."

Stuart Shaw, an attorney for the 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.


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