Bernard v. 345 East 73rd Owners Corp.

— Order, Supreme Court, New York County (Herman Cahn, J.), entered April 11, 1991, which, inter alia, granted defendants-respondents’ motion to dismiss the complaint for failure to state a cause of action, unanimously modified, on the law, to deny so much of the motion as was addressed to the second cause of action, and otherwise affirmed, without costs.

Plaintiff asserts that noises emanating from the apartment above his own constituted a nuisance and a breach of the *544covenant of quiet enjoyment in his lease with defendants-respondents. While we agree with the IAS court that a cause of action…