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Scott E. Mollen Scott E. Mollen

Landlord-Tenant—Law of Nuisance an “Impenetrable Jungle”—Claim for Private Nuisance Against Neighbor Survives Motion To Dismiss—Neighbors’ Dogs Allegedly “Barked Incessantly”—Defendants Counter Claimed for Nuisance, Alleging that Plaintiff “Fabricated Complaints or Made Frivolous Complaints” to City Officials To Interfere With the Defendants Use and Enjoyment of Their Property—Repeated Visits by Authorities Based On a Neighbor’s Specious Claims Can Establish Nuisance

A plaintiff sued her neighbors, alleging that their two dogs “barked incessantly.” The plaintiff alleged that the dogs’ “constant barking at all hours interfered with (plaintiff’s) right to quiet use and enjoyment of her property….” The defendants denied the allegations and interposed a counter claim, alleging that the plaintiff “repeatedly called municipal authorities with specious complaints.” The defendants argued that the plaintiff’s “continued and prolonged efforts were an attempt to make them move or have their landlord,…, evict them….” The plaintiff moved to dismiss the counter claim for failure to state a cause of action. The plaintiff asserted that the counter claim sounded “like a claim for harassment” and New York does not recognize a claim for harassment.

The defendants claimed that the plaintiff “fabricated complaints or made frivolous complaints to City officials” to impede the defendants “use and quiet enjoyment of their property.”

 

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