REGENCY VENTURE v. DeMAIO


140 Misc.2d 691 (1988)

Regency Joint Venture, Petitioner, v. Tommy DeMaio, Respondent.

Civil Court of the City of New York, New York County.

August 13, 1988


Attorney(s) appearing for the Case

Lindenbaum & Young (Steven B. Sperber of counsel), for petitioner. Mkrris Winter for respondent.


PAUL L. KLEIN, J.

This proceeding raises a question of apparent first impression: If a tenant wins a rent abatement from her landlord because of noise caused by a neighbor, may the landlord recoup its loss from the noisemaker?

Sally Marine and her husband, Roy, withheld rent from their landlord, Regency Joint Venture, because of continuous noise emanating from the apartment just above theirs. Regency brought a holdover proceeding against the upstairs...

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