In the most un-New Yorker move ever, two Upper West Siders have turned on the bagel shop below their apartmentalthough for a good reason. DNAinfo reports that Philip and Yarina Birnbaum of 200 West 78th Street have filed a $500,000 suit against Bagel Talk, claiming that the bagel joint's faulty ventilation system causes the apartment to reach temperatures of up to 105 degrees "even when the outdoor temperatures were below freezing and/or during the New York winter weather."
A Department of Buildings inspector noted that the exhaust system was a problem in 2013, and that it was "vibrating and in danger of falling on side of building." A building resident made a claim with the DOB in 2011 that it could fall and "kill a child." Although the DOB's complaint's since been resolved, the heat in the Burnbaums's apartment has been relentless (and relentlessly free in the winter, although that's probably not a concern for an Upper West Side homeowner.) The owner of Bagel Talk told the Post that he just made $25,000 deposit to the ventilation company, and that the issue should be resolved shortly.
· Couple Sues Bagel Shop for Pumping Hot Air Into Overhead Apartment [DNAinfo]
· Bagel shop causing 100 degree heat for above condos: suit [NYP]
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