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MODUGNO v. MERRITT-CHAPMAN SCOTT

17 Misc.2d 679 (1959)

Joseph Modugno et al., Plaintiffs, v. Merritt-Chapman Scott Corp., Defendant.

Supreme Court, Special Term, Queens County.

April 20, 1959.

Attorney(s) appearing for the Case

Leonard Lazarus, Joseph Modugno and Richard Klugherz for plaintiffs.

Manning, Hollinger & Shea (L. Gary Clemente, James J. A. Gallagher, and Ralph L. Ellis of counsel), for defendant.

NICHOLAS M. PETTE, J.

The plaintiffs are residents in the area near Little Bay, Whitestone, Queens County. On July 7, 1958, Triborough Bridge and Tunnel Authority entered into a contract with defendant for the construction of the substructure for the Throggs Neck Bridge connecting Little Bay with Throggs Neck, County of Bronx. Complaining that defendant is conducting pile driving operations until 11:00 P.M. weekdays, thereby causing "noise of such character...

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