Noise from Neighboring Apartment Wasn't Excessive

August 31, 2002

LVT Number: 16099

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on noise coming from the neighboring apartment. The court ruled against tenant. Tenant appealed and lost. The trial court found that the noise wasn't unreasonable or excessive. So landlord was entitled to a judgment for the full back rent owed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on noise coming from the neighboring apartment. The court ruled against tenant. Tenant appealed and lost. The trial court found that the noise wasn't unreasonable or excessive. So landlord was entitled to a judgment for the full back rent owed.

Bethune Realty Co. v. Adams: NYLJ, 8/20/02, p. 18, col. 2 (App. T.1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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