Noise from Upstairs Apartment Not Significant

LVT Number: #23769

Condo unit owner sued the building owner and the owner of the upstairs apartment for nuisance based on excessive noise by tenants living in the upstairs apartment. At trial, the unit owner stated that he regularly heard footfalls and chairs being dragged across the floor. He claimed that there was a structural defect in the building and that the floor upstairs hadn't been installed properly. He said that his apartment's value was reduced by $70,000 due to this condition. The court ruled against the unit owner.

Condo unit owner sued the building owner and the owner of the upstairs apartment for nuisance based on excessive noise by tenants living in the upstairs apartment. At trial, the unit owner stated that he regularly heard footfalls and chairs being dragged across the floor. He claimed that there was a structural defect in the building and that the floor upstairs hadn't been installed properly. He said that his apartment's value was reduced by $70,000 due to this condition. The court ruled against the unit owner. His witnesses were friends or relatives who had heard noises four or five years earlier. The audio recording by the unit owner's expert also didn't demonstrate unreasonable noise or intentionally unreasonable behavior. Landlord's acoustics expert also claimed that the apartments were structurally sound and code-compliant, and there was no violation of the bylaws.

Maroney v. Cunnion: NYLJ, 11/14/11, p. 5, col. 3 (Sup. Ct. NY; Rakower, J)