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"If noise constitutes a nuisance, council officers, or nearby residents, can call for an official review of the licence".
And if the noise is so severe that it constitutes a nuisance, the writer can file a lawsuit in State Supreme Court against the upstairs tenants.
If the building has no such requirement, Mr. Gulielmetti said, but the noise is so severe that it constitutes a nuisance, the letter writer can bring an action in State Supreme Court against the tenants who make the noise and ask the court to order them to stop.
He added that if the concerns turn out to be real, the letter writer will have protections under the co-op's proprietary lease that will prohibit any conduct by the adjoining tenant that constitutes a nuisance or that violates any shareholder's warranty of habitability.
There is an exception where the lease is granted for a purpose which constitutes a nuisance, as in Tetley v Chitty, or where the nuisance is caused by their failure to repair the premises, as in Wringe v Cohen.
In Chinatown, what constitutes a nuisance, according to the evictors, are acts like hanging your Chinese New Year's decorations on the door of one's apartment; or hanging one's laundry outside from the balcony of your small apartment, a practice that goes back decades.
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For example, secondhand cigarette smoke may constitute a nuisance.
Sounding off irritably, with no attempt to isolate the offending factor from legitimate behavior, fails to create change and may itself constitute a nuisance.
Hanks said the council had a "far too narrow" view of what constituted a nuisance, believing it only applied to behaviour that involved physically blocking the entry to the clinic.
"The tree that blocks the writer's view may create shade for someone else in the building or for those who use the garden," he said, adding that as long as the tree does not constitute a nuisance — by being too close to the writer's apartment, for example — there is little the writer can do to force the board to trim it.
Were the court to rule that pollutants did constitute a nuisance, it could give emitters' opponents a tool apart from the Clean Air Act to tackle greenhouse gases.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com