The First Department reversed the motion court's granting of summary judgment on tenant-plaintiff's cause of action for breach of the implied warranty of habitability, in Armstrong v. Archives L.L.C., which was decided on December 27, 2007. The court also reversed the declaratory judgment that plaintiff had rightfully terminated her lease and is not liable for further rent, and reinstated landlord-defendant's affirmative defenses and counterclaim.

The court said that defendant's affidavits raised material issues of fact as to whether the alleged noise from a neighboring apartment was so excessive that plaintiff was deprived of the essential functions of the residence. Plaintiff's showing of numerous complaints does not establish a breach, and defendant's notice of cure reciting the dates and substance of noise complaints against the offending tenant does not constitute a conclusive admission that the noise rose to the level of constituting a breach. Additionally, plaintiff's claim that defendant did nothing to address her complaints is contradicted by evidence that defendant's agents, including a porter and doormen, assisted plaintiff on many occasions by calling the offending tenant and going to his apartment in response to her complaints and setting up meetings to explore her relocation options to another apartment in the building. In addition, defendant's counsel wrote letters to, and served a notice to cure upon, the offending tenant.