Condo Unit Owners Sue Each Other for Excessive Noise Claims

September 24, 2018

LVT Number: #28644

Condominium unit owner sued upstairs neighbor, claiming that the neighbor made disturbing noises in violation of the condo bylaws. The upstairs neighbor counterclaimed, claiming that unit owner played and taught piano in her apartment nonstop at excessive noise levels. The unit owner later sold her apartment and asked the court to dismiss the neighbor's counterclaim. The court ruled for unit owner in part and dismissed the neighbor's claim for an injunction against the unit owner.

Condominium unit owner sued upstairs neighbor, claiming that the neighbor made disturbing noises in violation of the condo bylaws. The upstairs neighbor counterclaimed, claiming that unit owner played and taught piano in her apartment nonstop at excessive noise levels. The unit owner later sold her apartment and asked the court to dismiss the neighbor's counterclaim. The court ruled for unit owner in part and dismissed the neighbor's claim for an injunction against the unit owner. But questions remained that required pretrial questioning, which the unit owner hadn't responded to. So the neighbor's counterclaims for damages based on nuisance remained open.

Leon v. Harlan: Index No. 153936/15, 2018 NY Slip Op 31682(U) (Sup. Ct. NY; 7/12/18; Bannon, J)

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