SUMMONS

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March 15, 2023

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU

 SHARON LYON,Plaintiff,v.WAYNE ALLEN;MABLE COX; RICHARD CAMPBELL; CARLINE SYLVAIN;COUNTY OF NASSAU;Defendants.    INDEX:   SUMMONS      

TO THE ABOVE-NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on Plaintiff within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the annexed complaint.

Venue is proper in Nassau County pursuant to N.Y. C.P.L.R. §503(c) because Plaintiff’s’ principal places of residence and businesses are located within the State of New York, County of Nassau.

Dated: September 3, 2021

Respectfully submitted,

By:  ________________________

SHARON LYON 

1629 Lydia Avenue,

Elmont, NY. 11003

[insert contact]

[insert telephone]

TO:

Wayne Allen

1635 Lydia Avenue

Elmont, NY. 11003

Mable Cox & Richard Campbell

159 Miriam Parkway

Elmont, NY 11003

Carline Sylvain

161 Miriam Parkway

Elmont, NY 11003

County of Nassau

240 Old Country Road

Mineola, NY. 11501

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU

  SHARON LYON,Plaintiff,v.WAYNE ALLEN;MABLE COX; RICHARD CAMPBELL; CARLINE SYLVAIN;COUNTY OF NASSAU;Defendants.    INDEX:           

COMPLAINT

COMES NOW Plaintiff, Sharon Lyon, by and on her own behalf, hereby alleges and states as follows:

NATURE OF THE PROCEEDING

  1. Plaintiff is a citizen of the state of New York and a home owner with her primary place of residence situated at 1629 Lydia Avenue, Elmont, NY, 11003.
  2. Over the past two (2) years, Defendant WAYNE ALLEN Defendant MABLE COX Defendant RICHARD CAMPBELL and Defendant CARLINE SYLVAIN have produced excessively loud noises (*Plaintiff relies on the definition of “Noise” as defined under chapter 144 of the code of the town of Hempstead*)  from their residence, without regard for laws and regulations or the well-being of the community.
  3. Defendant WAYNE ALLEN Defendant MABLE COX Defendant RICHARD CAMPBELL and Defendant CARLINE SYLVAIN continuous production of excessively loud noises constitutes private and public nuisance and a nuisance per se in that they cause excessive and disruptive noise, irrespective of the hour the day or night.
  4. Defendant WAYNE ALLEN Defendant MABLE COX Defendant RICHARD CAMPBELL and Defendant CARLINE SYLVAIN failed to comply with polite notices issued to them, as well as notices issued by the Defendant County, in violation of city and state regulations, thus compounding the excessive noise pollution and creating additional health hazards.
  5. Defendant WAYNE ALLEN Defendant MABLE COX Defendant RICHARD CAMPBELL and Defendant CARLINE SYLVAIN continuous production of excessively loud noises significantly disrupted the Plaintiff’s daily life. Each day the Defendants produced excessively loud noises, the same extended late through the night and into the following morning.
  6. Consequently, Plaintiff is unable to peacefully enjoy time in her own residence as is her right as a rightful home owner.
  7. At night, the excessive noise interferes with the community members’ sleep. Plaintiff is woken an average of six times per night by the sounds originating from Defendant WAYNE ALLEN Defendant MABLE COX Defendant RICHARD CAMPBELL and Defendant CARLINE SYLVAIN’s residence.
  8. Plaintiff has spent years voicing her grievances to Defendants, as well as to County Authorities charged with oversight of the interest of the general public. Plaintiff has several times called the police for assistance to mitigate the excessive noise. Plaintiff has also filed numerous complaints with the Defendant County for violations of state and city laws and regulations.
  9. Defendants’ continued failure to abate the noise—despite their knowledge of these conditions from Plaintiff’s repeated complaints—have left Plaintiff’s with no choice but to bring this action to gain legal relief from the nuisance conditions they have endured for so long.
  10. Plaintiff’s respectfully request the following relief: (i) a declaratory judgment that Defendants’ current actions constitute a public and private nuisance and nuisance per se; (ii) an injunction ordering Defendant WAYNE ALLEN Defendant MABLE COX Defendant RICHARD CAMPBELL and Defendant CARLINE SYLVAIN, and all other entities acting on concert with them, to abate the nuisance caused by them; (iii) an injunction ordering the Defendants, and all other entities acting on concert with them, to comply with all applicable laws, regulations, and permit conditions; (iv) compensatory damages; (v) punitive damages and (vi) any and all other relief that the Court deems just and proper.

JURISDICTION AND VENUE

  1. This action is brought pursuant to the Court’s equitable power to enjoin Defendants from maintaining a public and private nuisance. The Court has jurisdiction under New York Civil Practice Law and Rules (“CPLR”) § 301.
  2. Plaintiff’s designate Nassau County as the place of trial. Venue is proper in Nassau County pursuant to CPLR § 503 and § 507.

PARTIES

  1. Plaintiff Sharon Lyon is an adult female of sound mind, a citizen of the state of New York and a home owner with her primary place of residence situated at 1629 Lydia Avenue, Elmont, NY, 11003.
  2. Defendant Wayne Allen is an adult male of sound mind and a citizen of the state of New York, with his primary place of residence situated at 1635 Lydia Avenue, Elmont, NY, 11003.
  3. Defendant Mable Cox is an adult female of sound mind and a citizen of the state of New York, with her primary place of residence situated at 159 Miriam Parkway, Elmont, NY, 11003.
  4. Defendant Richard Campbell is an adult male of sound mind and a citizen of the state of New York, with his primary place of residence situated at 159 Miriam Parkway, Elmont, NY, 11003.
  5. Defendant Carline Sylvain is an adult female of sound mind and a citizen of the state of New York, with her primary place of residence situated at 161 Miriam Parkway, Elmont, NY, 11003.
  6. Defendant County of Nassau is a municipal corporation of the State of New York.

FACTUAL ALLEGATIONS

Defendant Wayne Allen

  • Defendant Wayne Allen has on numerous occasions violated the Plaintiffs right to quiet enjoyment of her property by continuously exposing the Plaintiff to excessively loud music, causing the same to cross onto the Plaintiff’s property and into the Plaintiff’s home.
  • Defendant Wayne Allen has on numerous occasions continuously exposed the Plaintiff to excessively loud music in the afternoons and late into the night.
  • Defendant Wayne Allen allowed there to be excessively loud noise, which noise was identified as originating from Defendant Wayne Allen’s residence as follows:
  • On June 3, 2020, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 5:30pm and ended well past 9pm.
  • On July 4, 2020, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 5:30pm and ended well past 9pm.
  • On July 16, 2020, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 5:30pm and ended well past 9pm.
  • On September 27, 2020, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately noon and ended well past 9pm.
  • On May 22, 2021, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 5:41pm and continued into the late hours of the night.
  • On June 4, 2021, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 5:31pm and continued into the late hours of the night.
  • On June 6, 2021, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 5:30pm and continued into the late hours of the night.
  • On June 11, 2021, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 5:00pm and continued into the late hours of the night.
  • On July 8, 2021, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 4:00pm and continued into the late hours of the night.
  • On July 22, 2021, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 5:31pm and continued into the late hours of the night.
  • On August 9, 2021, the Plaintiff heard excessively loud music coming from 1635 Lydia Avenue in Elmont, New york, which noise disturbance commenced at approximately 5:00pm and continued into the late hours of the night.
  • During each of the aforementioned events, Plaintiff approached Defendant Wayne Allen and attempted to amicably resolve the nuisance and finally have peace of mind. Despite Plaintiff’s good intentions, Defendant Wayne Allen has been unresponsive or unwilling to resolve the nuisance.
  • In absence of a mutual agreement, Plaintiff was constrained to report the nuisance to the Nassau County Police Department for their further action to assist to resolve the nuisance. That the Police Department has attempted to resolve the nuisance, only for the nuisance to resurface once again.
  • Plaintiff resolved to file a formal complaint with the County of Nassau for intervention and permanent resolution of the Nuisance.
  • On 28th September 2020, Plaintiff filed a formal complaint with the County of Nassau. On the very same day Plaintiff swore an affidavit providing the County with factual information with respect to the nuisance.
  • The County offices demonstrated their satisfaction with the Plaintiff’s complaint by receiving the same for their further action.  
  • On July 9th, 2021, the County authorities confirmed to the Plaintiff that Defendant Wayne Allen was served with notice addressing the excessively loud music originating from his premises. However, Defendant Wayne further refuses to comply with the directions of the County authorities.
  • Plaintiff worries every day about the extent of harm the excessive noise will impact her mental and physical health.
  • The constant sleep deprivation due to the noise causes the Plaintiff to have frequent headaches.
  • The excessive noise also harms the Plaintiff and her family. Plaintiff is forced to keep her windows shut at all times to mitigate the excessive loudness of the noise by cutting off proper air circulation. In addition, Plaintiff was forced to use noise-cancelling headphones to further mitigate the excessive loudness. However, such mitigation does not eliminate the noise or cause the noise to reduce to a tolerable level.
  • Defendant Wayne Allen knows or is substantially certain that his actions cause noise that is offensive to plaintiff and the community.
  • Defendant Wayne Allen knows or is substantially certain that his actions cause noise that is offensive to plaintiff and substantially interferes with Plaintiff’s use and enjoyment of property.

Defendant Mable Cox and Defendant Richard Campbell

  • Defendant Mable Cox and Defendant Richard Campbell have on numerous occasions violated the Plaintiff’s right to quiet enjoyment of her property by continuously exposing the Plaintiff to excessively loud music, causing the same to cross onto the Plaintiff’s property and into the Plaintiff’s home.
  • Defendant Mable Cox and Defendant Richard Campbell have on numerous occasions continuously exposed the Plaintiff to excessively loud music in the afternoons and late into the night.
  • Defendant Mable Cox and Defendant Richard Campbell have allowed there to be excessively loud noise, which noise was identified as originating from Defendant Mable Cox and Defendant Richard Campbell’s residence as follows:
  • On September 2, 2018, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 7:00pm and ended well past 11:56pm.
  • On July 1, 2018, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 5:00pm and ended well into the late hours of the night.
  • On August 24, 2019, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 5:00pm and ended well into the late hours of the night.
  • On June 15, 2019, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 5:00pm and ended well past 12:26am on June 16, 2019.
  • On January 1, 2020, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced in the sometimes in the evening and continued well past 6am on January 2, 2020.
  • On June 14, 2020, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes that afternoon and continued well past 1:41am on June 15, 2020.
  • On June 21, 2020, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes that afternoon and continued well past 1:00am on June 22, 2020.
  • On August 29, 2020, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometime that evening and continued well past 9:00pm.
  • On September 27, 2020, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes that evening and continued well past 1:00am on September 28, 2020.
  • On June 7, 2021, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes that evening and continued well past 1:00am on June 8, 2021.
  • On July 18, 2021, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes that evening and continued well past 8:41pm.
  • On July 23, 2020, the Plaintiff heard excessively loud music coming from 159 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes that evening and continued well past 1:00am on July 24, 2020.
  • During each of the aforementioned events, Plaintiff approached Defendant Mable Cox and Defendant Richard Campbell, and attempted to amicably resolve the nuisance and finally have peace of mind. Despite Plaintiff’s good intentions, Defendant Mable Cox and Defendant Richard Campbell have been unresponsive or unwilling to resolve the nuisance.
  • In absence of a mutual agreement, Plaintiff was constrained to report the nuisance to the Nassau County Police Department for their further action to assist to resolve the nuisance. That the Police Department has attempted to resolve the nuisance, only for the nuisance to resurface once again.
  • Plaintiff resolved to file a formal complaint with the County of Nassau for intervention and permanent resolution of the Nuisance.
  • On 28th September 2020, Plaintiff filed a formal complaint with the County of Nassau. On the very same day Plaintiff swore an affidavit providing the County with factual information with respect to the nuisance.
  • The County offices demonstrated their satisfaction with the Plaintiff’s complaint by receiving the same for their further action.  
  • Unfortunately, to date the County Authorities are yet to take any action to resolve the nuisance that has perpetually deprived the Plaintiff of her peace and right to enjoyment of property.
  • Plaintiff worries every day about the extent of harm the excessive noise will impact her mental and physical health.
  • The constant sleep deprivation due to the noise causes the Plaintiff to have frequent headaches.
  • The excessive noise also harms the Plaintiff and her family. Plaintiff is forced to keep her windows shut at all times to mitigate the excessive loudness of the noise by cutting off proper air circulation. However, such mitigation does not eliminate the noise or cause the noise to reduce to a tolerable level.
  • Defendant Mable Cox and Defendant Richard Campbell know or are substantially certain that their actions cause noise that is offensive to plaintiff and the community.
  • Defendant Mable Cox and Defendant Richard Campbell know or are substantially certain that their actions cause noise that is offensive to plaintiff and substantially interferes with Plaintiff’s use and enjoyment of property.

Defendant Carline Sylvain

  • Defendant Carline Sylvain has on numerous occasions violated the Plaintiffs right to quiet enjoyment of her property by continuously exposing the Plaintiff to excessively loud music, causing the same to cross onto the Plaintiff’s property and into the Plaintiff’s home.
  • Defendant Carline Sylvain has on numerous occasions continuously exposed the Plaintiff to excessively loud music in the afternoons and late into the night.
  • Defendant Carline Sylvain allowed there to be excessively loud noise, which noise was identified as originating from Defendant Carline Sylvain’s residence as follows:
  • On June 7, 2020, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes that evening and went on well into the late hours of the night.
  • On July 21, 2020, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 12:00pm and continued well past the time I left for work.
  • On August 8, 2020, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes that evening and ended well past 2am on August 9, 2020.
  • On September 12, 2020, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 4:00pm and ended well past 11:00pm.
  • On September 25, 2020, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 4:00pm and continued until the Police responded to the Plaintiff’s call.
  • On May 22, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 10:25am and continued well past 12:00am on May 23, 2021.
  • On May 23, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 10:25am and continued well past 12:00am on May 23, 2021.
  • On May 25, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 10:25am and continued well past 12:00am on May 23, 2021.
  • On May 29, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 10:25am and continued well past 12:00am on May 23, 2021.
  • On May 30, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 10:25am and continued well past 12:00am on May 23, 2021.
  • On May 31, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 10:25am and continued well past 12:00am on May 23, 2021.
  • On June 1, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes in the afternoon and continued well into the late hours of the night.
  • On June 5, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes in the afternoon and continued well into the late hours of the night.
  • On June 10, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes in the afternoon and continued well into the late hours of the night.
  • On June 12, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes in the afternoon and continued well into the late hours of the night.
  • On July 1, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes in the afternoon and continued well into the late hours of the night.
  • On July 20, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes in the afternoon and continued well into the late hours of the night.
  • On July 31, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced sometimes in the afternoon and continued well into the late hours of the night.
  • On August 1, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 9:30am and continued well past 3:00am.
  • On August 3, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 9:30am and continued well past 3:00am.
  • On August 4, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 9:30am and continued well past 3:00am.
  • On August 5, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 9:30am and continued well past 3:00am.
  • On August 7, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 9:30am and continued well past 3:00am.
  • On August 8, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 9:30am and continued well past 3:00am.
  • On August 9, 2021, the Plaintiff heard excessively loud music coming from 161 Miriam Parkway in Elmont, New york, which noise disturbance commenced at approximately 9:30am and continued well past 3:00am.
  • During each of the aforementioned events, Plaintiff approached Defendant Carline Sylvain and attempted to amicably resolve the nuisance and finally have peace of mind. Despite Plaintiff’s good intentions, Defendant Carline Sylvain has been unresponsive or unwilling to resolve the nuisance.
  • In absence of a mutual agreement, Plaintiff was constrained to report the nuisance to the Nassau County Police Department for their further action to assist to resolve the nuisance. That the Police Department has attempted to resolve the nuisance, only for the nuisance to resurface once again.
  • Plaintiff resolved to file a formal complaint with the County of Nassau for intervention and permanent resolution of the Nuisance.
  • On 28th September 2020, Plaintiff filed a formal complaint with the County of Nassau. On the very same day Plaintiff swore an affidavit providing the County with factual information with respect to the nuisance.
  • The County offices demonstrated their satisfaction with the Plaintiff’s complaint by receiving the same for their further action.  
  • Unfortunately, to date the County Authorities are yet to take any action to resolve the nuisance that has perpetually deprived the Plaintiff of her peace and right to enjoyment of property.
  • Plaintiff worries every day about the extent of harm the excessive noise will impact her mental and physical health.
  • The constant sleep deprivation due to the noise causes the Plaintiff to have frequent headaches.
  • The excessive noise also harms the Plaintiff and her family. Plaintiff is forced to keep her windows shut at all times to mitigate the excessive loudness of the noise by cutting off proper air circulation. However, such mitigation does not eliminate the noise or cause the noise to reduce to a tolerable level.
  • Defendant Carline Sylvain knows or is substantially certain that her actions cause noise that is offensive to plaintiff and the community.
  • Defendant Carline Sylvain knows or is substantially certain that her actions cause noise that is offensive to plaintiff and substantially interferes with Plaintiff’s use and enjoyment of property.

Defendant County of Nassau

  • Plaintiff approached Defendant County of Nassau to resolve the nuisance after it became apparent to the Plaintiff that Defendant WAYNE ALLEN Defendant MABLE COX Defendant RICHARD CAMPBELL and Defendant CARLINE SYLVAIN have no intention to control the excessive loud music.
  • Plaintiff resolved to file a formal complaint with the County of Nassau for intervention and permanent resolution of the Nuisance.
  • On 28th September 2020, Plaintiff filed a formal complaint with the County of Nassau against Defendant WAYNE ALLEN Defendant MABLE COX Defendant RICHARD CAMPBELL and Defendant CARLINE SYLVAIN. On the very same day Plaintiff swore an affidavit providing the County with factual information with respect to the nuisance caused by each of the said Defendants.
  • The County offices demonstrated their satisfaction with the Plaintiff’s complaint by receiving the same for their further action. The County further indicated it shall act upon the Plaintiff’s complaints.  
  • However, no response has been received by the Plaintiff to date and as far as the Plaintiff is aware, no action has been taken by the County to resolve the nuisance that has perpetually deprived the Plaintiff of her peace and right to enjoyment of property.
  • Plaintiff worries every day about the extent of harm the excessive noise will impact her mental and physical health. Equally so, Plaintiff worries her complaints to the County have fallen on deaf ears and shall not be acted upon.  
  • The constant sleep deprivation due to the noise causes the Plaintiff to have frequent headaches.
  • The excessive noise also harms the Plaintiff and her family. Plaintiff is forced to keep her windows shut at all times to mitigate the excessive loudness of the noise by cutting off proper air circulation. However, such mitigation does not eliminate the noise or cause the noise to reduce to a tolerable level.
  • Defendant County of Nassau knows or is substantially certain that his actions cause noise that is offensive to plaintiff and substantially interferes with Plaintiff’s use and enjoyment of property.

Defendants’ Violations Of State And City Laws, Regulations, And Permits

Chapter 144 of the code of the town of Hempstead – Unreasonable Noise

  • Taking into consideration the definitions of “Noise”, “Noise Disturbance”, “Real Property Boundary”, “Sound” and “Unreasonable Noise” under Chapter 144 of the code of the town of Hempstead, Defendants WAYNE ALLEN, MABLE COX, RICHARD CAMPBELL and CARLINE SYLVAIN have violated the Code by:
  • Unreasonably causing and continuing to cause unreasonable noise or noise disturbance in violation of § 144-2 (A).
  • Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in such a manner as to create a noise disturbance across a real property boundary in violation of § 144-3 (B) 
  • Using a loudspeaker or amplifier device such that the sound therefrom creates unreasonable noise across a real property boundary in violation of § 144-3 (K)

Chapter 2 of the code of the town of Hempstead – Enforcement of Ordinances

  • Pursuant to § 2-1 of the code of the town of Hempstead, All employees of the Department of Buildings, the Department of Sanitation, the Department of Highways and the Department of Public Safety who are now or hereafter charged with the responsibility to perform inspection and/or enforcement duties with regard to the laws, codes, ordinances, rules and regulations within the general jurisdiction of their respective departments are hereby further empowered to enforce any statute, local law, ordinance, rule or regulation relating to parking, licensing of occupations or businesses, fire prevention and safety, health and sanitation.
  • By virtue of the above provision, the Defendant County is obliged to act in the best interest of any complaint, with respect to the laws, codes, ordinances, rules and regulations.
  • The Defendant County failed to act in good faith of § 2-1 of the code of the town of Hempstead thereby violating the same provision and causing the Plaintiff further pain and suffering.

FIRST CAUSE OF ACTION

Private Nuisance

  1. Plaintiff repeats and realleges the allegations contained above as if set forth fully herein.
  2. Defendants’ actions have caused the emission excessive noise.
  3. The offensive emissions substantially interfere with Plaintiff’s’ use and enjoyment of property that she owns.
  4. Such interference is a result of Defendants’ actions repeatedly playing excessively loud music throughout the day and night.
  5. Defendants’ actions in causing such interference are intentional, negligent and/or reckless.
  6. Defendants know or are substantially certain that their actions cause noises that are offensive to Plaintiff and the community.
  7. Defendants’ actions are unreasonable in nature because reasonable steps can be taken to reduce the severity of these impacts on the community.
  8. Defendants’ actions constitute a private nuisance.
  9. Defendants have actual notice of the nuisance and have had a reasonable opportunity to abate the nuisance.
  10. Defendants’ conduct constitutes a private nuisance and has proximately caused— and will continue to cause—damages to Plaintiff. Plaintiff is entitled to injunctive relief requiring, inter alia, Defendants to abate the nuisance. Plaintiff is also entitled to compensatory damages for emotional and physical pain and suffering, in an amount to be determined at trial.

SECOND CAUSE OF ACTION

Public Nuisance

  1. Plaintiff repeats and realleges the allegations contained above as if set forth fully herein.
  2. Defendants’ conduct or omissions have caused excessive noise that impact Plaintiff’s residence and public spaces.
  3. The offensive noise offends, interferes with, and causes damage to the public in their exercise of rights common to all, such air rights free of noise pollution in the form of excessively loud noises and right to enjoyment of property.
  4. These impacts injure and endanger the property, health, safety, and comfort of a considerable number of persons.
  5. Plaintiff and members of the community have experienced special harm from Defendants’ conduct or omissions that are different in kind from those experienced by the public at large.
  6. Defendants’ actions constitute a public nuisance.
  7. Defendants have actual notice of the public nuisance and have had a reasonable opportunity to abate the nuisance. Defendants’ conduct constitutes a public nuisance that has proximately caused—and will continue to cause—damages to Plaintiff’s. Plaintiff is entitled to injunctive relief requiring, inter alia, Defendants to abate the nuisance. Plaintiff is also entitled to compensatory damages for the direct financial harm, in an amount to be determined at trial.

THIRD CAUSE OF ACTION

Nuisance Per Se

  1. Plaintiff repeats and realleges the allegations contained above as if set forth fully herein.
  2. The Defendants’ actions are in violation of city and state laws and regulations.
  3. Such illegality makes the nuisance a nuisance per se.
  4. Defendants’ conduct constitutes nuisance per se and has proximately caused—and will continue to cause—damage to Plaintiff’s. Plaintiff is entitled to injunctive relief requiring, inter alia, Defendants to abate the nuisance. Plaintiff is also entitled to compensatory damages for the direct financial harm, in an amount to be determined at trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff request that this Court award the following relief:

  1. A declaratory judgment that Defendants’ actions stated herein have constituted and continue to constitute a private nuisance;
  2. A declaratory judgment that Defendants’ actions stated herein have constituted and continue to constitute a public nuisance;
  3. A declaratory judgment that Defendants’ actions stated herein have constituted and continue to constitute nuisance per se;
  4. An injunction ordering Defendants WAYNE ALLEN, MABLE COX, RICHARD CAMPBELL and CARLINE SYLVAIN, and any and all other entities acting in concert with them, to abate the nuisance caused by Defendants’ actions stated herein;
  5. An injunction ordering Defendants WAYNE ALLEN, MABLE COX, RICHARD CAMPBELL and CARLINE SYLVAIN, and any and all other entities acting in concert with them, to comply with all applicable laws and regulations;
  6. For compensatory damages for Plaintiffs’ emotional pain and suffering, in an amount to be proven at trial;
  7. For punitive damages in an amount to be determined at trial;
  8. For interest on compensation and damages, including pre- and post-judgment interest and an upward adjustment for inflation;
  9. For reasonable costs of suit; and
  10. Any and all other relief that the Court deems just and proper.

Dated: September 3, 2021

Respectfully submitted,

By:  ________________________

SHARON LYON 

1629 Lydia Avenue,

Elmont, NY. 11003

[insert contact]

[insert telephone]

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