bagel talk2

Some people apparently don’t like the warm, fresh scent of bagels in their apartment, at least not when it causes their apartment to hit “105 degrees, even in the winter.” A local couple is suing the bagel shop and the landlord for the space so they can be compensated for basically living inside a warm moist bagel.

In the Manhattan Supreme Court lawsuit, Philip and Yarina Birnbaum claim the Bagel Talk shop on W. 78th St. at Amsterdam Ave. has rendered their condo “uninhabitable” and “potentially dangerous to occupy.”

The couple says the owner hasn’t upgraded the ventilation despite their complaints. But that could change. “I just made a $25,000 deposit to the ventilation company. It should be fixed in a matter of days,” owner Abid Islam told The Post.

FOOD, NEWS | 23 comments | permalink
    1. Paul RL says:

      This sounds like yet another Poor Dough issue.

    2. Tostonesfix says:

      I always marvel at what people complain about living above businesses in a densely populated city. Buy a house for God’s sake.

      • TFJWM says:

        What? You are joking right? 105 degree apartment is normal above a business…

    3. Eddie says:

      Bagel Talk has been there for a long time. It’s not like they didn’t know what they were getting into. I could think of a lot worse smells than bagels.

    4. Independent says:

      Bagels talk, all else walks.

    5. Bruce Bernstein says:

      whoa… hold on their. the cooking ovens are supposed to vent… and NOT into the apartment upstairs. Sorry. these condo owners DO have some rights.

    6. John says:

      “Gee honey, I wonder if we will ever smell the bagels if we buy this place” “It’s ok, I like the thought of waking up to the smell of bagels in the morning”

    7. WombatNYC says:

      Woud love to see a Black Seed Bagle or something of that sort open up on the UWS.

    8. ctp says:

      Oh, this would be my dream! But, if I had to live above that store on BWay Lush or that one Sabon I’d want to sue them because they stink. I can’t even walk by those places without gagging.

    9. Jeff says:

      To all the commenters criticizing the couple – you have no basis for assuming their complaints about out-of-control heat are untrue, especially because the shop’s owner EXPLICITLY ACKNOWLEDGES that there is a problem and says that it should be fixed in a few days.

      I never ceased to be amazed by the knee-jerk desire of many people to assume that anyone who complains about something is just a crybaby.

      • Cato says:

        Look at it from the business owner’s perspective for a minute. He’s been operating this bagel bakery for years. Now a couple of people have bought the apartment upstairs — with full knowledge of the bakery downstairs (hard to miss walking down the street, really) — and suddenly they say “Whoa, you have to change the way you’re doing business — we don’t like it!”

        Is that fair?

        I think it’s greatly to the business owner’s credit that he is willing to make a change for the benefit of the (new?) neighbors. But why do you immediately assume that he absolutely must, just because they now have buyers’ remorse about their purchase?

        • Jeff says:

          Cato – As Bruce notes, the condo owners bought their unit in 1994. According to Bagel Talk’s Google+ page, it opened in 1995.

          Your speculative version of events does not square with those facts, and the suggestion that the owner shelled out $25,000 just to be nice is far less plausible than the possibility that a real problem exists.

          • Cato says:

            Fair points. Next time I read a report on these pages, I’ll wait before commenting on the reported facts for you and Bruce to supplement those reported facts with your own personal knowledge of the situation.


            • Bruce Bernstein says:

              for what it’s worth, our “personal knowledge” came from the article that WSR linked to.

      • Bruce Bernstein says:

        they’ve owned the apartment since 1994. they rented it to a tenant who moved out because of excessive heat.

        I have to think that there’s a regulation where a bakery can’t have their ovens venting into the apartment upstairs. this is not a case of knowing you are going to smell bagels. if what they are saying is true, and as noted above the business owner didn’t deny it, it is basic neighborliness.

    10. Chris says:

      Global Warming on the upper west side where are the tree huggers.

    11. ScooterStan says:


      Yet another reason to put secure LOX on their doors !

      Maybe they should have SHMEARed someone !!

      Or at least have BUTTERed them up !!!

      • Nelson says:

        LOL!! ScooterStan, you always manage to tickle my funny bone.

      • whatsupduck says:

        Browns/Kutchers/The Concord called; they want you to perform your Borscht Belt comedy! Thanks for the chuckle!!! 🙂

    12. Steph says:

      Urban outfitters now closed on 72nd and Broadway.. Just passed by.

    13. denton says:

      Why isn’t this a DOB issue? Ventilation requirements are well established.

    14. beebee says:

      perhaps the landlord was supposed to fix this problem and didn’t. why do problems continue until there is a lawsuit then things start to resolve?