PHILADELPHIA – A law firm based on the 56th Floor of One Liberty Place has filed suit against the property owners, operators and builders of the observation deck located both atop the skyscraper and one floor above its office, claiming the noise produced by the tourist attraction violates the terms of its lease.
Braverman Kaskey of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on July 25 versus Philadelphia Liberty Place, Inc. of Philadelphia, Montparnasse 56 Philadelphia, LLC (c/o Corporation Service Company) of Wilmington, Del. and Turner Construction Company of New York, N.Y.
Braverman Kaskey, a tenant in One Liberty Place for 25 years, claims its “quiet enjoyment” of its office space has been disturbed by noise associated with the observation deck – a local tourist attraction open since November 2015, located on the 57th Floor of One Liberty Place and which also occasionally serves as a private event space, rented for up to 275 guests in attendance.
According to the litigation, Braverman Kaskey’s issues started while the observation deck was still being constructed, since One Liberty Place’s owners claimed building on the site wouldn’t continue past 7 a.m. on weekdays, but allegedly did not keep that promise.
Later, after the observation deck was completed and opened as both a tourist attraction and event venue, Braverman Kaskey claims the space was used for events which featured loud music and equally loud guests.
However, the law firm alleges its complaints about the noise fell on deaf ears.
Due to said noise, Braverman Kaskey now feels its offices are no longer a suitable place for its professionals to work, and the defendants’ failure to regulate or stop the noise on the observation deck and its event venue violate the terms of its lease.
For counts of breach of contract, breach of covenant, private nuisance and trespass, the plaintiff is seeking restitution damages of $75,000, including all rent it paid in 2015 plus interest, attorney’s fees and an injunction stopping the further “disruption of its quiet enjoyment of the office space.”
A Turner Construction Company spokesman indicated in an issued statement that it will offer a legal response to the litigation once the company had a chance to review it, adding the observation deck has been an “asset” to the City of Philadelphia.
“To put the current situation in perspective, we successfully completed our work on this project in 2015, and since then, the observation deck has become a wonderful community asset,” Turner Construction Company’s statement read.
The plaintiff is represented by its own in-house counsel, Benjamin A. Garber and Matthew A. Goldstein, of Braverman Kaskey in Philadelphia.
Philadelphia County Court of Common Pleas case 170702567
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com