You have valid claims against both the landlord and the offending noisemakers. A construction zone has limits as to the times that work may proceed and the resultant noise; the violation of those limits creates a nuisance. The claim as against the landlord is based upon a statutory 'warranty of habitability'. Unfortunately, the cases are expensive to prosecute, and are becoming more common, with a body of caselaw that has developed in recent years. You should consult with a qualified attorney.
Gerry Wendrovsky, Esq.- Upper West Side Lawyer
www.upperwestsidelawyer.com
Answered on Jun 10th, 2014 at 3:29 PM