Clarke v. 6485 & 6495 Broadway Apartment Inc.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about June 4, 2013, which, to the extent appealed from, denied defendant-appellant 6485 Apartment Associates, Inc.’s (Associates) motion for summary judgment dismissing the nuisance cause of action as against it, unanimously affirmed, with costs.

Plaintiff, who lives in a cooperative apartment, alleges that Associates, which owns shares of the apartment above her, rented an apartment to an individual who caused a continuous noise nuisance for a period of six months, and took no steps to abate the nuisance despite her…