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A tenant leased an apartment in which so much noise emanated from surrounding apartments late at night and in the wee hours of the morning that he could not get much sleep. The tenant brought suit against the landlord, alleging that the landlord had breached the implied warranty of habitability. Is the tenant correct? Can noise be a breach of the warranty of habitability? [ Nostrand Gardens Co-op v. Howard, 634 N.Y.S.2d 505]
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