Bagel Shop Sued for Pumping ‘Excessive’ Heat into Couple’s Apartment

Bagel Shop Sued for Pumping ‘Excessive’ Heat into Couple’s Apartment
Bagel Shop Sued for Pumping ‘Excessive’ Heat into Couple’s Apartment

Shutterstock/SlopeEast

The shop’s exhaust system has been the subject of a number of complaints from various tenants. 

The heat caused by a faulty ventilation system at Bagel Talk in New York City has caused a serious rift between the shop owners and the couple who live in the apartment just above the shop.

The couple, Philip and Yarina Birnbaum, has now filed a half million-dollar lawsuit against Bagel Talk in which they claim that their home became uninhabitable, and were forced to leave the apartment to escape the heat.

“The heat in Residential Unit 2A was excessive, going as high as 105 degrees, the complaint states, “with many days being in the 90s even when the outdoor temperatures were below freezing and/or during the New York winter weather.”

Building records indicate that Bagel Talk has faced a number of prior complaints related to its exhaust system. In 2013, a building inspector also described the exhaust system as falling off the side of the building, such that it posed an “imminent danger.”

Although the exhaust is believed to have been repaired since then, the Birnbaums maintain that the “excessive, unabated, and sustained heat” is ruining their home. 

In response to the lawsuit, Bagel Talk’s owner, told The New York Post that the issue “should be fixed in a number of days.”

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