Nuisance Claim Against Tenant for Excessive Noise Dismissed

Landlord sued to evict rent-stabilized tenant for creating a nuisance based on constant loud noise from tenant's apartment over 17 months. Landlord's court papers described more than 33 pages of dates and times when there was stomping, banging, jumping, bouncing a ball, throwing something like an iron on the floor, dragging furniture, and lifting then dropping furniture. The claims were based on specific complaints made by tenant's downstairs neighbor. The trial court ruled against landlord. The court didn't find the claims by the downstairs neighbor and her husband of constant daily noise to be credible. And tenant and her husband testified as to their schedules and the schedules of their three children. They generally denied that activities that would cause the noise complained of occurred in their apartment. The complaining tenants offered no corroborating proof of their complaints. The case was dismissed.

Bainbridge Ave. Props. Inc. v. Sow: 66 Misc.3d 1207(A), 2019 NY Slip Op 52141(U) (Civ. Ct. Bronx; 12/26/19; Lutwak, J)