LOU LaJOY v. STATE OF NEW YORK


48 A.D.3d 1022 (2008)

852 N.Y.S.2d 461

BETTY LOU LAJOY, Individually and as Trustee of the W.H. LAJOY IRREVOCABLE TRUST, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided February 28, 2008.


Peters, J.

From October 1998 to November 1999, defendant was engaged in a reconstruction project that involved the replacement of numerous bridges over Route 3 in the Town of Plattsburgh, Clinton County. As here relevant, the work was conducted between the hours of 8:00 P.M. and 6:00 A.M., approximately six days a week, in various locations in close proximity to claimant's home. The excessive noise, vibrations and lighting prompted claimant to commence a private nuisance...

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