Weitzner v. Elazarov

OPINION OF THE COURT

Ariel E. Belen, J.

Plaintiff is an owner resident of a cooperative apartment and defendant Elazarov the tenant in the apartment above plaintiff. The plaintiff had complained to the management of the cooper*647ative both by informing the building superintendent and by letter to the management of the unremitting, obnoxious and harassing noise emanating from the Elazarov apartment each evening from 6:00 p.m. onwards. The management failed to respond to plaintiff’s complaints.

On October 21, 1995 the plaintiff and defendant had a physical altercation in the elevator and lobby of the…