Specifically, Mr. Clark, a pro se litigant, claims that Mr. Lippa failed to consider evidence of continual "dangerous, [and] disturbing noises" made by the tenants in the adjacent apartments (slamming and banging heavy objects, and constant tapping). Mr. Clark claims that the respondent's failure to address the problem led to endless awakenings and a subsequent inability to care for his father, whose death he feels may have been avoided if the respondent controlled the noises, and Petitioner had a clear mind to think.
Prior to the eviction decision, in response to the respondent's first two summary nonpayment proceedings (See respectively, St. James Towers, Inc v. Jerry Clark, Index No. 75132/04 & 67497/05), Mr. Clark had sought an abatement of rent, and indicated that he would not pay the full rent until the respondent repaired a hot water faucet, a wash basin stopper, a loose kitchen sink faucet, a broken hallway door and the toilet. At the time that Mr. Clark made these complaints, he never raised the issue of noise grievances.