KANIKLIDIS v. 235 LINCOLN PLACE HOUSING CORP.


305 A.D.2d 546 (2003)

759 N.Y.S.2d 389

CONSTANTINE KANIKLIDIS et al., Appellants, v. 235 LINCOLN PLACE HOUSING CORP. et al., Respondents.

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

Decided May 19, 2003.


Ordered that the judgment is affirmed, with costs.

The plaintiffs, shareholders in a cooperative apartment, complained to the cooperative corporation which owns the apartment building, the defendant 235 Lincoln Place Housing Corp. (hereinafter the co-op), over the course of several years about the sounds of heavy walking, banging, and a washer and dryer emanating from the apartment above. The proprietary lease and house rules provide that disturbing noises are not...

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