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MATTER OF NOSTRAND GARDENS CO-OP v. HOWARD

221 A.D.2d 637 (1995)

634 N.Y.S.2d 505

In the Matter of Nostrand Gardens Co-Op, Appellant, v. Pauline Howard et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 27, 1995

Ordered that the order is affirmed, with costs.

Contrary to the petitioner's contention there is sufficient evidence in the record to sustain the trial court's determination that it breached the warranty of habitability by depriving the respondents of the quiet enjoyment of their apartment. The record reveals that there was excessive noise emanating from an apartment that neighbored the respondents' apartment through the...

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