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O'HARA v. BOARD OF DIRECTORS OF THE PARK AVE. & SEVENTY-SEVENTH ST. CORP.

Index No. 153400/20, Appeal No. 16120, Case No. 2021-02154.

206 A.D.3d 476 (2022)

171 N.Y.S.3d 3

2022 NY Slip Op 03872

Robert S. O'Hara, Jr., et al., Respondents, v. The Board of Directors of the Park Avenue and Seventy-Seventh Street Corporation et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 14, 2022.

Attorney(s) appearing for the Case

Boyd Richards Parker Colonnelli, New York ( Jennifer A. Levine , of counsel) for The Board of Directors of the Park Avenue and Seventy Seventh Street Corporation, appellant.

Braverman Greenspun P.C., New York ( Tracy Peterson , of counsel) for Andreas Lazar and Elanna Lazar, appellants.

Belkin • Burden • Goldman, LLP, New York ( Magda L. Cruz , of counsel) for respondents.

Concur—Webber, J.P., Gesmer, Oing, Singh, Kennedy, JJ.

Plaintiffs allege that unreasonable noise and stomping by the Lazars' children in the upstairs apartment directly above them adversely affected plaintiff Robert O'Hara, Jr.'s health and created structural cracks in the walls and ceiling of their unit. They allege further that the Co-op defendants failed to investigate and address the noise and structural damage.

The allegations concerning the noise are sufficient to state a cause of action for nuisance against the...

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