Dr. Arturo C., disturbed by the noise which emanated from his upstairs neighbor’s apartment, asked that a judge direct Alan and Candace K. to temporarily remove their bed and carpet in order to allow testing of the floor.
Both the New York County Supreme Court and the Appellate Division, First Department, were of the view that the requested relief was improper because the Doctor failed to establish that such action was "material and necessary" to establish the noise conditions.
That silenced that.
To view a copy of the Appellate Division’s decision, please use this link: C. v .Sovereign Apts., Inc.