The owner of a Tribeca apartment that has allegedly been turned into an underground nightclub can go into the pad with police and even lock out the tenant if he doesn’t stop holding the parties, a Manhattan judge ruled Tuesday.
“I’m in agreement that action has to be taken and it has to be taken quickly,” Manhattan Supreme Court Justice Shlomo Hagler said during a video hearing.
The owner of 81 Hudson St. sued tenant Kurt David — along with his mom — last month, alleging he has been holding massive, weekly boozy bashes where mask-free attendees paid up to $100 for entry.
“Quite frankly [David] was gloating and flouting the law saying there is COVID everywhere but here,” Hagler said of the tenant’s alleged social media posts, of which screenshots were included in the case.
David was not present for the video hearing, nor does it appear he has hired a lawyer to represent him as no court papers have been filed on his behalf to date.
Hagler told a lawyer for owner Eisdorfer 60 LLC that “you may seek the assistance of the New York City Police Department to gain access … you may even change the locks if [David] does not cooperate in order to obtain the inspections you need.”
“This is a serious matter. You cannot flout the laws and get away with it in my court,” Hagler said. “This court is permitting and granting all the relief you are seeking as to Mr. David.”
Earlier in the hearing, Eisdorfer lawyer Melissa Levin told the judge that her client has received violations from the city Department of Sanitation, the Department of Buildings and the Fire Department seeking to get into the apartment — some of which also include fines.



“At this point, unfortunately, Kurt David is not taking any of this seriously,” Levin said, noting that David has been arrested twice, but afterward posted on social media that there were only 117 people at one of his bashes.
David, 30, of Roslyn, NY, was busted for allegedly selling booze to a minor and violating pandemic emergency restrictions against large gatherings. He was also civilly charged by the city for failure to protect health and safety.
Scot Mackoff, a lawyer for David’s mom, Jean Elbaum-David, told the judge that his client shouldn’t be included in the case, because she was merely a co-signer on the lease, doesn’t live there and doesn’t have keys to the apartment.
But Levin said, “Because of the lack of regard that Mr. David seems to have, for not just the law or the landlord but for law enforcement, we are asking that Ms. Elbaum’s motion be denied so that we actually have an adult in the room, so to speak.”
Hagler said his decision granting the owner preliminary injunction would only be against David and not Elbaum-David, since she said in an affidavit that she doesn’t live at the apartment, hasn’t contributed to the parties and hasn’t been able to get her son to cooperate.
“We don’t need to involve Ms. Elbaum at all,” Hagler said later, adding, “She says she has no control of her son.”
Manhattan Supreme Court Justice Shlomo Hagler says Kurt David’s mother, Jean Elbaum-David, “has no control of her son” over his alleged weekly parties. NYC SheriffThe events have driven neighbors and the landlord nuts, the lawsuit alleges — with trash piling up, music blared by DJs, and firecrackers once lit off from the terrace.
Last month, a drunken 17-year-old took a tumble down the stairs during a raid on one of the parties that had 123 attendees.
David could not immediately be reached for comment.
Last month, David told The Post: “Rent has been paid on time over the duration of the full-year lease and due to COVID-19, I filed the COVID-19 hardship declaration and the landlord holds $36,000 for two months’ security and one week free rent.”
At the time, he declined to comment on the lawsuit, saying he’d forward it to a lawyer.






