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BERNARD v. 345 E. 73RD OWNERS CORP.

181 A.D.2d 543 (1992)

George Bernard, Appellant, v. 345 East 73rd Owners Corp. et al., Respondents, et al., Defendant

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

March 19, 1992

Plaintiff asserts that noises emanating from the apartment above his own constituted a nuisance and a breach of the covenant of quiet enjoyment in his lease with defendants-respondents. While we agree with the IAS court that a cause of action for nuisance does not lie as against defendants-respondents since they did not create the nuisance and had surrendered control of the premises to codefendant-tenant of the apartment above...

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