Noise Not Excessive

May 31, 2003

LVT Number: 16625

Tenant proprietary lessees sued landlord cooperative corporation for breach of the warranty of habitability. The court ruled for landlord and dismissed the case. Tenant had complained for several years about disturbing noises from the apartment above. Tenant claimed that there were continual sounds of heavy walking, banging, and a washer and dryer. But tenant didn't prove the noises were excessive.

Tenant proprietary lessees sued landlord cooperative corporation for breach of the warranty of habitability. The court ruled for landlord and dismissed the case. Tenant had complained for several years about disturbing noises from the apartment above. Tenant claimed that there were continual sounds of heavy walking, banging, and a washer and dryer. But tenant didn't prove the noises were excessive. Also, although the proprietary lease and house rules barred disturbing noises and required rugs over 80 percent of apartment floors, it also stated that landlord wasn't responsible for tenants' failure to follow the rules.

Kaniklidis v. 235 Lincoln Pl. Hous. Corp.: NYLJ, 5/27/03, p. 26, col. 4 (App. Div. 2 Dept.; Santucci, JP, Krausman, Schmidt, Townes, JJ)

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