Friday, February 27, 2009
Lawyer Sues Neighbor over ‘Squealing’ Chihuahuas
"A Manhattan lawyer claims in a lawsuit that two Chihuahuas owned by her neighbor in an apartment building bark so much and so loudly that her chronic back pain is worsening. Lawyer Paulette Taylor says she wakes up several mornings a week because of the “whining, barking, yapping and squealing" by the dogs, the New York Daily News reports. On those days, her back pain “increases exponentially so that she experiences agonizing, acute back pain even before standing and taking her first step of the day and finds herself unable to go back to sleep," the suit says. The suit names the neighbor who owns the dogs and management at Taylor’s apartment building in Central Park West, according to the Daily News account. Taylor claims in the complaint that she has complained to the defendants and police about the dogs, but the animals continue to bark “in a manner that is offensive, constant, continuous and incessant,” the story says."
Thanks to Debra Cassens Weiss at ABA Journal.com
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This is an issue that is near and dear to my heart. I have a similar situation without an injury. The people that live above me have two small children and a dog. Most mornings the children and the dog wake up early and run around the house making sufficient noise to wake me and my girlfriend at an hour that we would prefer not to be up at. With us being out of bed at this hour, the people that live below us claim that we are making an unreasonable amount of noise in the morning and some evenings. We havent complained to our neighbors above us, however our neighbors below have complained that our actions have affected their quality of life, and that we are infringing on their right to a peaceful life. Im literally stuck between not wanting to offend the neighbors above me, and having to deal with unreasonable expectations below me. In my case there are no claims of injury, however Im worried that I may be subject to action from my neighbors below for their claims of loss of enjoyment of their home. What would the law find in this situation?
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