Brown v. Blennerhasset Corp.

Supreme Court properly granted the Tayoun defendants’ motion. Even when viewing the evidence in a light most favorable to plaintiff, her own expert opined that the Tayoun defendants’ heavy walking “is not going to be stopped by a simple carpet or pad” because such frequencies “penetrate right through a carpet and pad,” and are attributable to the structure of the building itself (see Rimany v Town of Dover, 72 AD3d 924, 925 [2d Dept 2010]).

Contrary to plaintiffs argument, Supreme Court did not draw an arbitrary distinction between mechanical noise and noise made by people, but properly found,…