Nuisance Claim Against Tenant for Excessive Noise Dismissed

LVT Number: #30602

Landlord sued to evict rent-stabilized tenant for creating a nuisance based on constant loud noise from tenant's apartment over 17 months. Landlord's court papers described more than 33 pages of dates and times when there was stomping, banging, jumping, bouncing a ball, throwing something like an iron on the floor, dragging furniture, and lifting then dropping furniture. The claims were based on specific complaints made by tenant's downstairs neighbor. The trial court ruled against landlord.

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Bainbridge Ave. Props. Inc. v. Sow: 66 Misc.3d 1207(A), 2019 NY Slip Op 52141(U) (Civ. Ct. Bronx; 12/26/19; Lutwak, J)