Tenant Claims Excessive Noise from Apartment Above

May 31, 2000

LVT Number: 14189

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on excessive noise from the apartment above. The court ruled for landlord. Tenant appealed and lost. Landlord diligently investigated tenant's complaint and made a number of attempts to correct the problem. Landlord showed that it was tenant's fault that it couldn't take further action.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on excessive noise from the apartment above. The court ruled for landlord. Tenant appealed and lost. Landlord diligently investigated tenant's complaint and made a number of attempts to correct the problem. Landlord showed that it was tenant's fault that it couldn't take further action.

Rosedale Mgmt. v. Giulini: NYLJ, 5/30/00, p. 26, col. 6 (App. Div.2 Dept.; DiPaola, PJ, Floyd, Palella, JJ)

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