Louisiana Leasing Co. v. Sokolow – Case Brief
Louisiana Leasing Co. v. Sokolow, 48 Misc. 2d 1014, 266 N.Y.S.2d 447 (N.Y. City Civ. Ct. 1966).
Facts: Louisiana Leasing Co. (P) sued Sokolow (D) for nuisance, alleging that Sokolow made excessive noise in his apartment in violation of the terms of his lease, thereby destroying the peace and quiet of the tenants (the Levins) in the apartment below. The Sokolow’s were a young couple with two small children and the tenants below were a middle aged couple. Sokolow maintained that the noises emanating from the apartment were the normal noises of everyday life.
Issue: Does an action in nuisance lie where a tenant moves into an apartment and is disturbed by noise emanating from another apartment, where the noises complained of are the noises of everyday life and are neither excessive nor deliberate?
Holding and Rule: No. The doctrine of “coming to the nuisance” precludes an action in nuisance where a tenant moves into an apartment and is disturbed by noise emanating from another apartment, where the noises complained of are the noises of everyday life and are neither excessive nor deliberate.
The court reasoned that the Levins had an opportunity to ascertain what sort of neighbors lived above the unit they sought to rent. They elected to move in and later attempted to correct the condition complained of. Since upon the evidence, the overhead noise had been shown to be neither excessive nor deliberate, the court found for D.
Disposition: Dismissed – for D.