Tenant Claims Excessive Noise from Upstairs Apartment

Cooperative shareholder tenant sued co-op board and managing agent for breach of the warranty of habitability, private nuisance, and injunctive relief. Tenant also sued her upstairs neighbor, Madonna, for nuisance and injunctive relief. Tenant claimed that since 2008 Madonna blasted amplified music for one-and-a-half to three hours per day during daytime dance training and exercise sessions. Tenant claimed that landlord did nothing about it and should be forced to make Madonna comply with building rules preventing unreasonable noise. She claimed that a 2009 noise abatement measure by Madonna didn't help. Madonna claimed that the noise wasn't excessive and that a measuring device showed any noise to be below noise code limits. Landlord and Madonna also claimed that tenant wouldn't permit access to her apartment to check the noise. The court denied landlord's request to dismiss the case without a trial. Co-op landlord could be responsible for a breach of the warranty of habitability if it allowed a condition that violated the reasonably intended uses of the apartments. It couldn't rely on the business judgment rule to avoid liability. But the court dismissed the nuisance claim against landlord since the building didn't create the disturbances.

George v. Board of Directors: Index No. 114555/2009 (Sup. Ct. NY; 8/19/11; York, J) [12-pg. doc.]