Karen George filed suit against the Material Girl in 2009, claiming the singer and her guests would spend up to three hours a day dancing to "high-decibel amplified music" and creating a "pounding noise and vibration".
She claims Madonna breached noise levels at the residential building in Manhattan and is demanding damages from the star.
On Wednesday (07Sep11), Manhattan Supreme Court Justice Louis York refused Madonna's request to have the suit dismissed, giving George permission to pursue the case.
He said, "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 (George) from being able to use her apartment for these purposes, then the warrant of habitability has been breached."
Madonna no longer lives in the building. A spokeswoman for the star tells the New York Daily News, "She has always been a wonderful neighbour and has lived there for over two decades in complete compliance to all rules of the building."
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