Noisy Community Construction - Can We Break the Lease with No Fault

[YTC]

My question involves landlord-tenant law in the State of: New York
Our rental community is building new units and there construction area is very close to our rental apt. I have a 10-month0old baby staying at home with me whole day and her daily routine is totally disturbed by the noise of the construction. She can't take her morning and afternoon naps well whenever there is blasting or digging going on. When we signed the lease, the manager didn't mention anything about the construction plan. However, one month after we moved in we got a notice indicating that there will be a construction to expand the community for one year. Things have been pretty frustrating that we complained about the noise to our manager several times but didn't get too much response. I wonder if there is any civil code or landlord/tenant law in New York to protect our rights if we want to break the lease. Thanks a lot for response!

[Mr. Knowitall]

There is some authority suggesting that construction noise can violate a warranty of habitability if the construction begins after the tenancy begins, without advance notice to the tenant. I'm not in a position to assess whether the noise you are experiencing rises to that level.