A few weeks after settling a dispute over unpaid wages, the operators of the Palm Ballroom have a new headache: a noise lawsuit filed against the company Monday in Palm Beach County Circuit Court.Claiming ongoing excessive noise and music, the Palm Beach Hotel Condominium Association sued Palm Beach Resorts International LLC, which operates the ballroom inside the hotel at 235 Sunrise Ave.
The association has been keeping track of noise complaints since March and is seeking a permanent injunction "to abate a nuisance," the suit says.
"Palm Beach Resorts continues to flagrantly violate the Declaration and Noise Standards by emitting loud and excessive noise from Unit C-19 on a frequent basis, which impairs the residents' and visitors' of the association use and enjoyment of their property," the lawsuit states.
The hotel has 295 residential units; the first-floor ballroom is one of 26 commercial units.
The principals of Palm Beach Resorts International are Sumner Kaye and Steve Schwendemann. The latter said the suit's claims are false.
"That's untrue. We have responded (to complaints). We have met with them repetitively," Schwendemann said.
He wouldn't comment further. "It's not appropriate to comment on a pending lawsuit," he said.
For a few months, Schwendemann and Kaye had a protracted standoff with a former chef, Corina Bornia, and her catering staff, who said the company owed them weeks of back pay. The feud included calls to the police, threats of calls to immigration authorities and promises of a lawsuit against the company.
Shortly before Thanksgiving, Kaye and Schwendemann settled with several former workers, although Bornia said some of the amounts paid were less than owed.
The noise lawsuit might not be the last of the company's legal troubles, according to the attorney for a former vendor.
Vincent Rebecca, of Style Entertainment, a talent agency in Coral Springs, produced an Oct. 20 show featuring The Drifters.
Rebecca received $6,000 to pay the entertainers. "But I got stiffed for 50 percent of the production fee," he said.
Kaye "promised me a check on the Wednesday after the show. He said 'meet me at the bank.' Then he said he was sick," Rebecca said. "There were calls and excuses for days."
On Nov. 2, his attorney, Steve Zimmerman of Zimmerman Zimmerman & Miceli in Pompano Beach, sent a letter to Palm Beach Resorts International demanding payment.
Rebecca, who also has a graphics firm, said Kaye also bounced a check for $775 for printing fliers to promote the show.
Zimmerman's letter demanded $2,131 owed for lighting and sound gear and $775 for the fliers.
He said there has been no outcome to the dispute.
"Nothing yet, just talk. We could file a lawsuit for damages (on the production fee) and treble damages for the bounced check. That may be the next step," Zimmerman said.
A vendor closer to home had a similar experience but a better outcome.
Jack Blanchard, co-owner of Stationer on Sunrise, also in The Palm Beach Hotel, created an invitation for Kaye when the ballroom opened.
"It took us four months to get paid," Blanchard said. "We had to dun him."
Local caterer Christine Holbrook was among the people who said Kaye and Schwendemann owed her money. Last week she said she settled with them in a way that was practical for her.
"I said, 'Give me the use of the kitchen for two months, and we're done.' That's all I needed, to use the kitchen," Holbrook said.
A few weeks ago, Scott Hammond of Jupiter announced he had an agreement with Palm Beach Resorts to transfer the ballroom's food and beverage operation to him starting Nov. 23.
"I'll be responsible," he said. "I'll be in charge of paying for all food, liquor, entertainment, personnel. It's a joint venture. They'll be in charge of the building. Kaye will do the shows."
But the arrangement was short-lived, and Hammond is reportedly no longer involved with the ballroom.
Source : http://www.palmbeachdailynews.com/
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