Tenant Claims Neighbor Caused Excessive Noise

September 11, 2012

LVT Number: #24298

Tenant sued landlord cooperative corporation and asked the court to immediately order landlord to begin legal action against another tenant, who tenant claimed engaged in a pattern of conduct causing excessive noise. The other tenant denied tenant’s claim. Landlord argued that the business judgment rule barred the court from ordering landlord to take actions that the co-op board hadn’t deemed appropriate. The court ruled against tenant at this point and refused to issue a preliminary injunction.

Tenant sued landlord cooperative corporation and asked the court to immediately order landlord to begin legal action against another tenant, who tenant claimed engaged in a pattern of conduct causing excessive noise. The other tenant denied tenant’s claim. Landlord argued that the business judgment rule barred the court from ordering landlord to take actions that the co-op board hadn’t deemed appropriate. The court ruled against tenant at this point and refused to issue a preliminary injunction. The court found that there were too many questions of fact at this early point in the case and that, so far, there was insufficient proof of excessive noise.

Williams v. Esplanade Gardens: Index No. 113139/11, NYLJ No. 1202567268840 (Sup. Ct. NY; 7/23/12; Madden, J)

Topics

More like this