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ARTICLE · 09 JULY 2019

What's Sauce For The Goose…

Smith Gambrell & Russell
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Julianne Allen sued her neighbors Jennifer and John Powers claiming that their two German Shepherds barked incessantly.

United StatesReal Estate and Construction
Victor Metsch
Victor Metsch
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Julianne Allen sued her neighbors Jennifer and John Powers claiming that their two German Shepherds barked incessantly. The dogs' constant barking at all hours allegedly interfered with Allen's right to quiet use and enjoyment of her property. The Powers denied the allegations and asserted a counterclaim contending that Allen had repeatedly called municipal authorities with specious complaints in prolonged efforts to make them move or have their landlord, David Bosko, evict them.

Allen asked the Court to dismiss the counterclaim for failing to state a cause of action. Allen argued that the Powers' allegations sounded like a claim for harassment— and New York does not recognize such a cause of action.

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