WEINBERG, J.D.C.
The novel issue raised by defendants in this summary dispossess action is whether repeated loud noise can constitute a breach of the implied warranty of habitability in a residential tenancy.
Defendants, residents in a garden-type apartment complex, complained to the landlord on a number of occasions that their upstairs neighbors were making extremely loud noises. The level of the noise was so loud that on one occasion, defendant was unable...
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