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LOU LAJOY v. LUCK BROS., INC.

34 A.D.3d 1015 (2006)

826 N.Y.S.2d 759

BETTY LOU LAJOY, Individually and as Trustee of the W.H. LAJOY IRREVOCABLE TRUST, Respondent, v. LUCK BROS., INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 16, 2006.

Rose, J.

Plaintiff, individually and as trustee of W.H. LaJoy Irrevocable Trust, commenced this private nuisance action to recover for personal injuries and property damage allegedly caused by the nighttime reconstruction of a highway by defendants under a contract with the Department of Transportation (hereinafter DOT). Plaintiff asserted that the equipment used by defendants in reconstructing the highway had created, among other things, excessive noise and vibrations...

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