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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6391
Experience:  20 years experience as a civil trial and appellate lawyer
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I am looking for a lawyer that deals with noise complains -

Customer Question

I am looking for a lawyer that deals with noise complains - they is a party hall next to my home that is causing sleepless nights, during the weekend I have called 311 to file complaints several times NYPD has responded and closed the establishment for the day, unable to sell home due to establishment location / loud speakers placed near home walls bedroom living room causing walls to vibrated during parties, my kids unable to sleep. they have also place portable toilets on the city sidewalk next to my home to be use during parties.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
We can merely answer questions for you and we cannot represent you as I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site. If you need local counsel, please use the same sites used by other attorneys, or
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Expert:  Maverick replied 11 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

It appear that you have requested a new professional on this question.

The previous expert is correct in saying that we are not permitted to represent JA experts. However, what you can do here is to file a nuisance action either yourself or through a real estate litigation attorney in your area that handles nuisance claims. Since we are not permitted refer any particular lawyer to you, you may have to do your own due diligence to select such a lawyer; but THIS LINK may help you get started.

Here is the supporting law:

The elements of a cause of action for a private nuisance are: "(1) an interference substantial in nature, (2) intentional in origin, (3) unreasonable in character, (4) with a person's property right to use and enjoy land, (5) caused by another's conduct in acting or failure to act" (Copart Indus. v Consolidated Edison Co. of N.Y., 41 NY2d 564, 570 [1977]; see 61 W. 62 Owners Corp. v CGM EMP LLC, 77 AD3d 330, 334 [2010], affd as mod 16 NY3d 822 [2011]). However, "not every intrusion will constitute a nuisance. 'Persons living in organized communities must suffer some damage, annoyance and inconvenience from each other . . . If one lives in the city he [or she] must expect to suffer the dirt, smoke, noisome odors and confusion incident to city life' " (Nussbaum v Lacopo, 27 NY2d at 315, quoting Campbell v Seaman, 63 NY 568, 577 [1876]). The relevant question is whether a defendant's use of his or her property constitutes an unreasonable and "continuous invasion of [the plaintiff's property] rights" (Domen Holding Co. v Aranovich, 1 NY3d 117, 124 [2003]; see Golub v Simon, 28 AD3d 359, 360 [2006]; Rodriguez-Nunci v Clinton Hous. & Dev. Co., 241 AD2d 339, 340 [1997]).