Judge Allows Noise Lawsuit Against Madonna to Go to Trial

(New York Post) - A Manhattan judge is allowing a lawsuit alleging that Madonna was playing music too loudly in her Central Park West apartment go to trial, the New York Post reported Wednesday.

In papers filed in Manhattan Supreme Court, Madonna's neighbor Karen George complained that the material girl's getting into the groove in her downstairs apartment was driving her out of her gourd. George complained the singer would play music and dance around so loudly that her apartment upstairs would begin to shake.

"Plaintiff alleges that noise and vibrations were the product of amplified music, which Madonna and her guests used to conduct dance training and exercise routines. Plaintiff states that these disturbances forced her to leave her apartment on numerous occasions and greatly interfered with the entertainment of guests," Justice Louis York wrote.

She said she repeatedly complained to Madonna and the building about the problem beginning in June of 2008, but they took no action for almost a year. Madonna finally did have some work done to buffer the noise, but it was unsuccessful, George's filings say.

In all, Madonna was causing a commotion between one-and-a-half and 3 hours a day, every day, George said.

Madonna's side countered the noise "only occurred during the daytime, never in increments exceeding three hours, and never at a level prohibited by the New York City Noise Code."

Her people and the building say they also sought access to George's apartment so they could gauge how bad the problem was and how to fix it, but she repeatedly refused access.

Both sides asked York to rule in their favor, but he refused, finding that there are too many conflicting positions.

"One of the most basic functions of a residence is to provide shelter from the outside world for its occupants to think, interact and relax in peace. If the noise caused by Madonna's activities prevented plaintiff from being able to use her apartment for those purposes, then the warranty of habitability has been breached," the judge wrote.

George can thank her lucky star for one thing -- the ruling says Madonna has since "constructed a studio in one of her other New York City properties to use for her exercises."

A rep for Madonna did not immediately return an email for comment.

Source: New York Post