This section contains the nature of the case and procedural background.

P contends that Sokolow (D) is making so much noise in his apartment that he is destroying the peace and quiet of the new tenants immediately underneath him. P contends that the noise D is making is a violation of the clauses in his lease contract with P. D is a young couple with two small children ages 4 and 2. They admit they let their children run and play in their apartment and that the father does walk back and forth when at home. They maintain that whatever noises that do emanate from their apartment are the normal noises of everyday life. The tenants below are a middle-aged couple who have raised their own children and are past the time when the patter of little feet overhead is a welcome sound.

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