Judge shutters Chelsea CrossFit location over noise complaints

Written By kom nampuldu on Sabtu, 31 Januari 2015 | 20.50

A Manhattan judge ordered a CrossFit in Chelsea to shut down after finding that gym-goers were hoisting heavy free weights into the air and letting them smash to the floor at all hours despite complaints from upstairs neighbors.

"Residents of the condominium have a right to enjoy their apartments in relative peace," Justice Joan Kenney wrote in her ruling.

Residents of the luxury Steiner Building at 257 W. 17th St. sued the CrossFit facility, called Brick, in 2013, claiming the ground-floor gym created such a racket that the noise interfered with their sleep and work.

"On numerous occasions my family and I have been woken up by the noises and vibrations emanating" from Brick, says Catherine Havenmeyer, who lives in a third-floor unit. "My family and I hear these sounds starting at 6 a.m. most days and then sporadically throughout the day."

She says she wouldn't have bought into the condo — where a two-bedroom unit recently sold for $3.4 million — if she knew a gym was going to move into the space previously occupied by a supermarket.

Neighbors claimed the gym was deafening at all hours of the day.

Judge Kenney in her decision pointed to the "clean and jerk" maneuver in which fitness enthusiasts let barbells smash to the floor.

"Defendant has continued to hold CrossFit classes, despite being made aware of numerous complaints regarding the noise and vibrations emanating from the gym," she wrote.

The building's attorney, Jay Ginsberg, was satisfied. "We're pleased with the result," he said.

Brick is still open and will be appealing the ruling. The gym's attorney, Jeffrey Kaplan, referred to his written appeal that says the judge's decision will cause "immeasurable damages to intangibles such as brand reputation and goodwill."

Another Manhattan building enjoyed a similar court victory last year. Owners at a Tribeca loft condo where J.Crew CEO Mickey Drexler has a $13.5 million apartment successfully sued to block a Crunch gym from opening in the commercial space at 140 Franklin St.

The loft's attorney, David Pfeffer, who has been representing Manhattan condos and co-ops for the past 20 years, says he has seen a rash of recent cases against gyms.

"People are spending millions for fairly small apartments and the sponsor promises high-end amenities — and then they want to bring in a low-end physical-fitness facility that's going to keep [residents] up all night," he said.


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