Clarke v. 6485 & 6495 Broadway Apartment, Inc.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered August 23, 2016, which denied defendant 6485 Apartment Associates, Inc.’s (defendant) motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendant, the proprietary lessee of the cooperative unit above plaintiffs, 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…