If you’re eating at a restaurant in Times Square, you deserve whatever comes your way. Even if that means someone opening a window from their hotel room out onto your table.
Looking at photos of Cassa Times Square and Tempura NY, it appears that the hotel built out the restaurant on an outdoor patio space. Looking at interiors of the restaurant, the window to Baker’s room appears to be right in the corner of the dining room.
Space in New York City is at an extreme premium. Still, it’s amazing and ridiculous to leave openable windows in this situation.