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Sue landord & neighbor for noise

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Date of posting: 2008-09-01 08:56:11
Page Views: 108
Dispute with: A Business, Company, or Store
Amount: $1,001 to $10,000
Description:I want both a rent abatement (or whatever I can sue for) from my landlord and "damages" from my neighbor for excessive, ongoing noise that prevents me from sleeping, wakes me up and stresses me out. And, of course I want the noise to stop. This happens on a daily basis for as many as 12 hours straight, including in the wee hours of the morning between Midnight and about 5AM. Details below.

After a neighbor in my building got complaints for loud Godzilla-like stomping and moving furniture and things around all hours of the day and night (we have hard wood floors), the landlord moved her into the apartment above me. No carpet. No nothing. So he knew I would be suffering the same fate as the other neighbors that complained.

I have talked to the neighbor, I have written and called the landlord (always get the voicemail), I've given them both written logs of the noise, I've given them and the super audio CDs of the noise (yes, it's that loud I can make a good quality recording of it). Nothing has changed. I've started filing noise complaints with 311 as well.

Because the landlord moved her into the apartment knowing about this problem and not doing anything to address it, I want to sue him for a rent abatement. This noise goes on nearly every day - morning, evening, late night, wee hours of the morning and frequently all day and all night for 5 - 12 hours straight on weekends. It's stressful and keeps me up.

So I want to personally sue the neighbor as well for being a you-know what. The most important thing is I want a good carpet installed in that apartment (or to get her out of here if possible). I can even here here going through her dresser drawers. RIDICULOUS!!! I've been here six+ years with no serious noise problems from the two former tenants in that apartment. Please share your success story and/or your lawyers contact info. Thanks!!
Zipcode: 11238
State: NY

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