Case Type
Holdover-Nuisance
Housing Type
Co-op
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
154943/2022
Slip Opinion Number
2024 NY Slip Op 32027(U)
Petitioner
Eric Saucier
Respondent
Board of Managers of 9 Barrow Condominium
Judge
Kim, Judy H.
Decision/Order Date
2024-06-13
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a holdover-nuisance case in a co-op setting, the tenant sought a preliminary injunction due to excessive noise from building HVAC equipment, alleging breach of proprietary lease and by-laws. Tenants demonstrated likelihood of success on the merits and irreparable harm, with noise levels violating city codes. The court granted a preliminary injunction directing the board to expedite noise remediation efforts, emphasizing tenant's health risks and overriding need for relief despite ongoing mitigation efforts by the board.
Recommended Citation
"Saucier v. Board of Mgrs. of 9 Barrow Condominium" (2024). All Decisions. 1587.
https://ir.lawnet.fordham.edu/housing_court_all/1587
