Did Rooftop Drilling Breach the Warranty of Habitability?

LVT Number: #30887

Tenant moved into an apartment in January 2019 at a monthly rent of $4,560. The apartment was on the sixth floor, two floors below the building's roof. When a real estate broker showed tenant the apartment, there was a notice posted at the building advising of a "roof project." The broker told tenant that the roof project was completed, the apartment was quiet, and tenant wouldn't hear any construction noise.

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Jerome v. 20 E. 67th St. Assoc. LLC: Index No. 161624/2019, 2020 NY Slip Op 50639(U)(Sup. Ct. NY; 6/2/30; Lebovits, J)