Keep it Down Court Denies Noise Injunction

In a recent case that will be of interest to anyone who has ever wanted to bang on the wall between his or her apartment and the one next door and shout at the neighbors to keep it down, the New York Supreme Court found insufficient evidence to warrant a preliminary injunction in a noise-related lawsuit brought by a co-op shareholder against her neighbors and the co-op itself.

According to the suit, plaintiff Annette Williams claimed that since January 2011, her neighbors, the Whitakers "engaged in a pattern of conduct which has caused or allowed excessive noise and disturbances to emanate from their apartment and disturb, annoy, and harass her such that it interferes with her rights, comfort, and peaceful enjoyment of her apartment." Williams also named Esplanade Gardens Inc., the co-op corporation, as an additonal defendant.

The claims in this case were based on plaintiff’s contention that the occupants of the neighboring apartment consistently created excessive noise and disturbances, including loud hammering, excessive thumping, dragging of furniture, dropping objects on the floor, heavy walking, heavy objects rolling, animal barking, and continuous tapping.

In seeking a preliminary injunction, Williams submitted an affidavit describing her neighbors’ allegedly noisy and offensive behavior; a notice of default that the co-op had sent to the neighbors based on the allegedly excessive noise; and a daily log Williams kept in which she recorded the dates, times, and descriptions of noise incidents and other alleged conduct over a period of several months.

He Said, She Said

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