1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 150 A.D.3d
  5. 150 A.D.3d 405 (2017)
 

CLARKE v. 6485 & 6495 BROADWAY APT., INC.

3636. 301746/13.

150 A.D.3d 405 (2017)

2017 NY Slip Op 03452

51 N.Y.S.3d 390

DONNA CLARKE, Respondent, v. 6485 & 6495 BROADWAY APARTMENT, INC., et al., Defendants, and 6485 APARTMENT ASSOCIATES, INC., Appellant.

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

Decided May 2, 2017.

Defendant, the proprietary lessee of the cooperative unit above plaintiff's, established prima facie that it was not liable for the alleged nuisance to plaintiff caused by excessive noise emanating from that unit by demonstrating, through the sublease between itself and its subtenant, that it had relinquished possession and control of the unit (see Clarke v 6485 & 6495 Broadway Apt. Inc., 122 A.D.3d 494 [1st Dept 2014]; see...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases