2007_02_subwaycar.gifA condo on the Upper East Side has slapped a $500,000 lawsuit against the owner of a Subway franchise. The condo board of The Waterford, located at 300 93rd St, complained that the Subway, which opened two weeks ago around corner at 1776 Second Ave., caused the building to be "inundated with strong and nauseating food odors," and affected the value of their property. Welcome to New York!

The lawsuit, filed in Manhattan Supreme Court, alleges that the Subway owner "failed to abate the condition, thereby damaging the health and safety of the condominium's unit owners and employees." Yes, that smell of baking bread is so toxic! Subway franchise owner Tae Hyun Shin of Queens recently installed a ventilation system that pushes the smells from the restaurant away towards 2nd Avenue to help alleviate the situation, but that hasn't stopped the lawsuit. Mr. Shin tells the Sun:

"She's complaining. I say, ‘Okay, I'll do something with a ventilation system," Mr. Shin said, gesturing toward a small, hermetically sealed chamber enclosing the store's bread oven. "But it's not a sandwich, I cannot make it right away."

The weekend attendant at the building also told the Sun that since the new ventilation was installed, the smell has disappeared. No news on whether the condo board will now drop its lawsuit. Mr. Shin is also offering to reimburse the residents for the cost of dry cleaning.

The fact that building residents hate the smell of Subway's baking bread is amusing to us as that's the one thing about the sandwich chain that Gothamist actually enjoys. Of course, situations like these are very common in New York City. Residences are built right next to or on top of businesses. Do any of you live next to a restaurant that pumps its exhaust into your apartment? What do you do to cope with the smell? Does it cause you to eat more?