buildings always make noises
shes not a contractor
the average person assumes the building noises they hear are just normal noises of stuff travelling through pipes, or creaking due to weather
and that if she did bring this up to a super that is exactly what they would tell any tenant, short of seeing major obvious structural cracks and damage
and a good lawyer on her side would point that out
further the owners of this bldg and the tenants already knew the building had issues and had done studies on the building, and this year they were getting ready to implememnt fixes to the problems
so theres no contributory negligence in this case
I agree but why give them the argument?