George v. Board of Directors of One West 64th Street

2011 WL 3898076 (2011)

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George v. Board of Directors of One West 64th Street

New York Supreme Court
2011 WL 3898076 (2011)

DD

Facts

Karen George (plaintiff) was a tenant-stockholder in a cooperative-housing corporation. Because George owned stock in the cooperative-housing corporation, she was entitled to reside in a property owned by the corporation. George occupied a unit in a building located at One West 64th Street in New York City. The building was managed by the Board of Directors of One West 64th Street, Inc. (board) (defendant). Madonna Ciccone occupied the unit immediately below George’s unit. Ciccone used amplified music to conduct dance training and exercise routines. Due to these activities, noise was emitted from Ciccone’s unit. George asserted that the noise lasted approximately one and a half to three hours each day and caused her floors and walls to shake. Further, Benjamin Sachwald, an acoustical engineer, asserted that the noise exceeded the ambient-sound level. The board was not responsible for creating the noise from Ciccone’s unit. George brought suit against the board, contending that the noise from Ciccone’s unit constituted a breach of the warranty of habitability and a nuisance. The board filed a motion for summary judgment. The trial court took the motion under advisement.

Rule of Law

Issue

Holding and Reasoning (York, J.)

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