Co-op Corporation Not Responsible for Tenant Nuisance

April 30, 2011

LVT Number: #23322

Cooperative shareholder tenant sued landlord cooperative corporation and upstairs neighbor for breach of quiet enjoyment based on noise coming from an upstairs apartment. He claimed that this created a nuisance and that landlord should take action to stop the upstairs neighbor from making disruptive noise. Landlord claimed that it wasn't responsible for the condition and asked the court to dismiss the case against it. The court ruled for landlord. The co-op corporation didn't create the nuisance and didn't control the upstairs apartment, which was occupied by another co-op shareholder.

Cooperative shareholder tenant sued landlord cooperative corporation and upstairs neighbor for breach of quiet enjoyment based on noise coming from an upstairs apartment. He claimed that this created a nuisance and that landlord should take action to stop the upstairs neighbor from making disruptive noise. Landlord claimed that it wasn't responsible for the condition and asked the court to dismiss the case against it. The court ruled for landlord. The co-op corporation didn't create the nuisance and didn't control the upstairs apartment, which was occupied by another co-op shareholder. Tenant could proceed with his nuisance claim against the neighbor.

Sherlock v. 20 E. 9th St. Owners Corp.: Index No. 109262/10, NYLJ No. 1202489592560 (Sup. Ct. NY; Rakower, J)

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