Noise from Repair Work Didn't Create Nuisance

November 15, 2012

LVT Number: #24426

Condominium apartment owner sued the condominium and building super for nuisance due to claimed excessive noise created during repair and renovation work in another unit. The court dismissed the case without a trial. The work done in the apartment was routine and done within business hours. There was no proof that the complaining owner was barred from using or enjoying his apartment while the work was being done or that the noise rose to unacceptable levels.

Condominium apartment owner sued the condominium and building super for nuisance due to claimed excessive noise created during repair and renovation work in another unit. The court dismissed the case without a trial. The work done in the apartment was routine and done within business hours. There was no proof that the complaining owner was barred from using or enjoying his apartment while the work was being done or that the noise rose to unacceptable levels.

Carroll v. Radoniqi: Index No. 110757/10, NYLJ No. 1202573419727 (Sup. Ct. NY; 9/7/12; Gische, J)

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