The Lawletter Vol 44 No 5
Dogs barking incessantly can result in a nuisance lawsuit between neighbors. For example, in Allen v. Powers, 64 Misc. 3d 171, 97 N.Y.S.3d 837 (City Ct. 2019), the plaintiff sued her neighbors claiming that their two German Shepherds barked incessantly and the dogs' constant barking at all hours interfered with the plaintiff’s right to quiet use and enjoyment of her property. This was a classic private nuisance claim.
However, the interesting twist in that case was that the defendant dog owners counterclaimed, contending that the plaintiff had repeatedly called the municipal authorities with specious complaints. As alleged in the counterclaim, the plaintiff’s efforts were an attempt to make the defendants move or have their landlord evict them. The plaintiff responded, asking the court to dismiss the counterclaim for failure to state a cause of action. The plaintiff argued that the counterclaim sounded like a claim for harassment, and New York does not recognize such a cause of action. In refusing to dismiss the counterclaim, however, the court treated the counterclaim as a private nuisance claim.Read More