Preliminary Injunction Against Private Social Club Granted In Part, Denied In Part

Posted: February 9, 2026 / Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner / Categories Preliminary Injunction, Contract Interpretation, Commercial

Preliminary Injunction Against Private Social Club Granted In Part, Denied In Part

On December 10, 2025, Justice Melissa A. Crane granted in part and denied in part a cooperative apartment’s motion for a preliminary injunction against certain activities of a private social club operated by defendant 451 Washington St. Leaseco LLC, d/b/a Maxwells Social (“Maxwell”). The case is Washington B.C. Studio Corp. v. 451 Washington St. Leaseco LLC, Index No. 659374/2025.

Under a sublease with co-defendants to which plaintiff had consented, Maxwell was permitted to operate a private social club serving food and beverages, including alcohol, and to offer live or recorded music at the premises. Plaintiff sought a preliminary injunction, which the court described as “mainly concerned with: (1) the kitchen exhaust; (2) excessive noise and (3) the alleged illegal use of the cellar.” Slip op., p. 1.

The sublease prohibited “any unreasonably disturbing noises in the building” and unreasonable noise, including music, between 11 p.m. and 8 a.m. “if the same is excessive and shall unreasonably disturb or annoy other occupants of the building." Slip op., p. 2. Finding irreparable harm established by “evidence in the record that some of the co-op members residing in the building have suffered loss of sleep due to the noise emanating from defendant's club”, id., p. 3, Judge Crane granted tailored relief on the noise issue:

Some of the alleged noise is from guests who leave the club and loiter outside. Other noise emanates from inside the premises in the form of loud music. Defendant does not dispute that it is playing music past 11:00 pm or that situations have occurred where patrons congregate outside the social club on the sidewalk.

Thus, the court issues a preliminary injunction restricting defendant from playing music so loud that it can be heard in residents' apartments after 11:00 PM until 8:00 AM. The court also orders defendant to inform the host of an event to tell their guests not to congregate outside the venue.

Slip op., p. 2.

Maxwell having agreed not to use certain equipment in the kitchen, Justice Crane included that relief on consent. Slip op., pp. 1-2, 4. She denied relief as to the cellar, where plaintiff alleged that Maxwell had violated the sublease by permitting more than six patrons at a time to use its toilet facilities, because “whether the defendant is actually above capacity for the cellar remains a contested issue of fact.” Id., p. 3.

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning preliminary injunctions or cooperative apartment leases.