FILED: WESTCHESTER COUNTY CLERK 06/24/2022 10:06 AM
`NYSCEF DOC. NO. 2
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`INDEX NO. 61883/2022
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`RECEIVED NYSCEF: 06/24/2022
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
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`PETER COHN AND ZHIHONG SHI COHN,
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`Index No.:
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`Plaintiffs,
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`VERIFIED COMPLAINT
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`-against-
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`RACHEL GRUNAU,
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`Defendant.
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`Plaintiffs, Peter Cohn and Zhihong Shi Cohn ("Plaintiffs"), by their attorneys, Bleakley
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`Platt & Schmidt, LLP, as and for their Verified Complaint, allege as follows:
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`NATURE OF THE ACTION
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`1.
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`Plaintiffs reside at, and are the owners of, a single-family home located at 12
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`OvercliffStreet, Yonkers, New York. This action arises from an ongoing nuisance created by their
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`neighbor, defendant Rachel Grunau ("Defendant"), and Defendant's failure to abate same.
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`2.
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`Venue is set in Westchester County based on the location of the premises which is
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`VENUE
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`the subject matter of this action.
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`PARTIES
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`3.
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`Plaintiffs, at all times hereinafter mentioned, are the owners of, and reside at, the
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`single-family residence located at 12 Overcliff Street, Yonkers, New York.
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`4.
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`Upon information and belief and at all times hereinafter mentioned, Defendant is
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`the owner of, and resides at, the single-family home located at 2 Overcliff Street, Yonkers, New
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`York.
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`FILED: WESTCHESTER COUNTY CLERK 06/24/2022 10:06 AM
`NYSCEF DOC. NO. 2
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`INDEX NO. 61883/2022
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`RECEIVED NYSCEF: 06/24/2022
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`5.
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`From May 2021 and continuing to the present, Defendant has engaged in conduct
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`on her property in such manner as to cause loud and disagreeable noise and vibration at all hours
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`of the day and night, including normal sleeping hours, all of what are transmitted into and through
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`the residence occupied, used and owned by the Plaintiffs.
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`6.
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`The loud and disagreeable noise and vibration emanating from the amplified music
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`and gatherings Defendant hosts, has and continues to cause a great nuisance to the Plaintiffs.
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`7.
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`The loud and disagreeable noise and vibration has injuriously affected the health of
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`Plaintiffs and the quiet and peaceful enjoyment and use of their home.
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`8.
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`From May 2021 to the present time, Plaintiffs made several formal complaints to
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`the Yonkers Police Department, complaining about the excessive noise from Defendant's
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`premises.
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`9.
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`From May 2021 and continuing to the present time, Defendant has been engaging
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`in conduct in brazen violation of City of Yonkers Administrative Code (the "Code"). Specifically,
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`Section 66-3, which states that it is "unlawful for any person to make, continue, cause, permit or
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`allow, verbally or mechanically, any noise disturbance." Under Section 66-5 of the Code a "noise
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`disturbance" includes "[a] sound-level reading taken at a residential property, arising from another
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`residential property, above 55 dBA during the time period commencing at 7:00 a.m. and ending at
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`10:00 p.m.," and "[a] sound-level reading taken at a residential property arising from another
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`residential property, above 50 dBA during the time period commencing at 10:00 p.m."
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`10.
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`Because of Defendant's ongoing, intentional conduct, Plaintiffs obtained a Noise
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`Measure Device to assess the noise and sound levels emanating from Defendant's residence.
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`11.
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`Plaintiffs found noise from Defendant's conduct on her property exceeded the City
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`ofYonkers Noise Code limits set forth in§ 66-5 of the Code.
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`FILED: WESTCHESTER COUNTY CLERK 06/24/2022 10:06 AM
`NYSCEF DOC. NO. 2
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`INDEX NO. 61883/2022
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`RECEIVED NYSCEF: 06/24/2022
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`For example:
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`May - September 2021
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`•
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`•
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`•
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`•
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`•
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`•
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`On June 13, 2021, the decibel reached 80.
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`On August 24, 2021, a weekday, the decibel level reached 71, at approximately
`7:19 p.m.
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`On September 5, 2021, while hosting a loud party after midnight, Defendant
`responded to Plaintiffs' reasonable request to tum down the music by turning the
`volume up instead.
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`On September 6, 2021, the decibel level reached 86.
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`On September 19, 2021, loud music was heard coming from Defendant's outdoor
`pool area, despite the fact that Plaintiffs observed the outdoor pool area being
`empty.
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`On September 20, 2021, a weekday, from inside their home, Plaintiffs recorded the
`decibel level at 62.
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`May - June 2022
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`•
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`•
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`•
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`•
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`•
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`•
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`•
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`•
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`On May 15, 2022, the decibel level reached 65.
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`On May 16, 2022, a weekday, loud music was heard coming from Defendant's
`outdoor pool area, despite the fact that Plaintiffs observed the outdoor pool area
`being empty.
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`On May 17, 2022, a weekday, the decibel level reached 74, at approximately 5:00
`p.m.
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`On May 18, 2022, a weekday, the decibel level reached 72.
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`On May 21, 2022, the decibel level reached 75.
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`On May 31, 2022, the decibel level reached 58.
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`On June 1, 2022, a weekday, the decibel level reached 61, after midnight.
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`On June 4, 2022, the decibel level reached 66.
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`12. When Plaintiffs expressed their concerns to Defendant regarding music noise and
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`nuisance that are the subject of this action, rather than respect her neighbors' reasonable request
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`FILED: WESTCHESTER COUNTY CLERK 06/24/2022 10:06 AM
`NYSCEF DOC. NO. 2
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`INDEX NO. 61883/2022
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`RECEIVED NYSCEF: 06/24/2022
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`to tum down the volume of the music, Defendant instead retaliated by increasing the volume of
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`the music and repositioning the speaker closer to Plaintiffs property.
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`13. When Plaintiffs reasonably requested that Defendant tum down the volume of the
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`music emanating from her residence - as required by the Code - Defendant hurled defamatory and
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`disparaging statements at Plaintiffs.
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`14.
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`Plaintiffs engaged counsel to try and resolve the problem. Counsel wrote a letter to
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`Defendant on May 17, 2022, asking her to abate the noise and cease from her verbal harassment
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`and disparaging statement about Plaintiffs.
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`15.
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`Despite this letter by counsel to Defendant the nuisance and defamatory statements
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`continue unabated.
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`16.
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`On May 21, 2022, with decibel levels reaching to 75, the City of Yonkers Police
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`Department issued a Summons #22064652 for excessive noise in violation of the Code.
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`17.
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`On May 18, 2022, at approximately 4:30 p.m., Defendant was recorded accusing
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`the Plaintiffs of engaging in unchaste behavior, going so far as to insinuate that the Plaintiffs
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`engaged in infidelity, that their child was illegitimate, and that Mrs. Cohn was in an abusive
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`relationship.
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`18.
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`By reason of the noise nuisance above described, which are due to the intentional
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`acts and conduct of the Defendant, the home owned, used and occupied by the Plaintiffs has been
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`rendered uncomfortable, unwholesome and unfit, and has resulted in great detriment to the
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`Plaintiffs and has caused Plaintiffs to become agitated, tired, upset and emotionally distressed with
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`no escape from the incessant noise from the music emanating from Defendant's residence.
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`19.
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`Defendant has unreasonably and intentionally interfered with Plaintiffs right to
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`peace and quiet, the tranquility of their home and the right to a decent environment, all to the
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`FILED: WESTCHESTER COUNTY CLERK 06/24/2022 10:06 AM
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 06/24/2022
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`INDEX NO. 61883/2022
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`detriment of the quality-of-life and health of the Plaintiffs.
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`20.
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`Defendant has been notified of the nuisance above complained of and has been
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`requested to discontinue same by the Plaintiffs and their attorneys, but Defendant has persisted in
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`committing and continuing such nuisance.
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`21.
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`The aforesaid acts and conduct of Defendant have existed from May 2021, and still
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`exist and continue to date. Said acts and conduct constitute an unreasonable use of Defendant's
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`residence arising to a nuisance, which is continuous and has and will continue to cause a great and
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`irreparable loss and damage to the Plaintiffs unless restrained by injunction.
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`22.
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`Defendant has committed acts and conduct which constitute the elements of a
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`private nuisance in that such acts and conduct are (i) an interference substantial in nature, (ii)
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`intentional in origin, (iii) unreasonable in character, (iv) with a person's property right to use and
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`enjoy land, and (v) caused by another's conduct in acting or failure to act.
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`23.
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`Because of Defendant's above-mentioned malicious actions and conduct, willfully
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`and wantonly taken in complete disregard of Plaintiffs' health and privacy rights, Plaintiffs seek
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`punitive damages in an amount to be determined at trial, but no less than $50,000.00.
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`24.
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`In addition to the nuisance Defendant has intentionally created, Defendant's verbal
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`harassment and disparaging statements publicly made are defamatory per se in nature. Plaintiffs
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`therefore, reserve their right to seek damages resulting from Defendant's defamatory per se
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`statements in an amount to be determined at trial, but no less than $50,000.00.
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`AS AND FOR A FIRST CAUSE OF ACTION
`FOR PERMANENT INJUNCTION
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`25.
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`Plaintiffs repeat and re-allege each and every allegation contained in paragraphs 1
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`through 24 as if fully set forth herein.
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`FILED: WESTCHESTER COUNTY CLERK 06/24/2022 10:06 AM
`NYSCEF DOC. NO. 2
`RECEIVED NYSCEF: 06/24/2022
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`INDEX NO. 61883/2022
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`26.
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`By reason of the acts and conduct of the Defendants described above, Plaintiffs
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`seek a permanent injunction directing the Defendant, her agents, servants, employees and all other
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`persons acting under the jurisdiction, supervision and/or direction of Defendant, be enjoyed and
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`restrained from doing or suffering to be done, directly or through any attorney, agent, servant,
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`employee or other person under the supervision or control of Defendant or otherwise, any of the
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`following acts:
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`(i)
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`Causing, permitting and transmitting any noise, sound or vibration to penetrate into
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`and through the residence owned, used and occupied by the Plaintiffs.
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`27.
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`Plaintiffs have no adequate remedy at law.
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`AS AND FOR A SECOND CAUSE OF ACTION
`IN NUISANCE AGAINST DEFENDANT
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`28.
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`Plaintiffs repeat and re-allege each and every allegation contained in paragraphs 1
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`through 27 as if fully set forth herein.
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`29.
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`The acts and conduct above described give rise to a cause of action in common law
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`nuisance.
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`30.
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`By reason of the acts and conduct of Defendant above described, Plaintiffs seek
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`monetary damages against Defendant for mental anguish and emotional distress suffered by
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`Plaintiffs, for the cost of engaging attorney and for the damages resulting from the loss in value of
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`the Plaintiffs property, in an amount to be determine at trial, but no less than $50,000.00.
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`WHEREFORE, Plaintiffs demand judgment against Defendant as follows:
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`(a)
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`On the first cause of action against Defendant for a permanent injunction directing
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`that Defendant, her agents, employees and all other persons acting under the
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`jurisdiction, supervision and/or direction of Defendant, be enjoined and restrained
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`FILED: WESTCHESTER COUNTY CLERK 06/24/2022 10:06 AM
`NYSCEF DOC. NO. 2
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`INDEX NO. 61883/2022
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`RECEIVED NYSCEF: 06/24/2022
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`from doing or suffering to be done, directly or through any person under the
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`supervision or control of Defendant or otherwise, any of the following acts:
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`(i)
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`Causing, permitting and transmitting any noise, sound or vibration into and
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`through the house occupied, used and owned by the Plaintiffs, in violation
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`of§§ 66-3 and 66-5 of the City of Yonkers Administrative Code;
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`(b)
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`On the second cause of action against Defendant in nuisance, in an amount to be
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`determined at trial, but no less than $50,000.00, with interest thereon;
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`(c)
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`For punitive damages in an amount to be determined at trial, but no less than
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`$50,000.00, with interest thereon; and
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`(d)
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`For such other relief as this Court may seem appropriate, together with the legal
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`fees, costs and disbursements of this action.
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`Dated: White Plains, New York
`June ~. 2022
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`Yours, etc.,
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`BLEAKLEY PLATT & SCHMIDT, LLP
`Attorneys for Plaintiffs
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`By:
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`~
`AdamRodnuez
`One North Lexington A venue
`White Plains, New York 10601
`(914) 949-2700
`ARodriguez@BPSlaw.com
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`FILED: WESTCHESTER COUNTY CLERK 06/24/2022 10:06 AM
`NYSCEF DOC. NO. 2
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`INDEX NO. 61883/2022
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`RECEIVED NYSCEF: 06/24/2022
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`VERIFICATION
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`STATE OF NEW YORK
`
`COUNTY OF WESTCHESTER
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`)
`) SS.:
`)
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`Peter Cohn, being duly sworn, deposes and says that he is a Plaintiff herein and owns and
`resides at 12 Overcliff Street, Yonkers, New York. Deponent has read the foregoing Complaint
`and knows the contents thereof; and that same are true to deponent's own knowledge, except as
`to matters therein stated to be alleged upon information and belief, and as to those matters
`deponent believes them to be true.
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`Peter Cohn
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`Sworn to before me this
`~ d a y of June, 2022
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`MAUREEN HUGHES
`Notary Public, State of New York
`No. 01HU6140115
`Qualified in Westchester County'> I
`Commission Expires January 17, 2Q.e:D
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`8 of 9
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`FILED: WESTCHESTER COUNTY CLERK 06/24/2022 10:06 AM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 61883/2022
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`RECEIVED NYSCEF: 06/24/2022
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`VERIFICATION
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`STATE OF NEW YORK
`
`COUNTY OF WESTCHESTER
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`)
`) SS.:
`)
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`Zhihong Shi Cohn, being duly sworn, deposes and says that she is a Plaintiff herein and
`owns and resides at 12 Overcliff Street, Yonkers, New York. Deponent has read the foregoing
`Complaint and knows the contents thereof; and that same are true to deponent's own knowledge,
`except as to matters therein stated to be alleged upon information and belief, and as to those
`matters deponent believes them to be true.
`~
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`~
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`~
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`C-Ohn
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`Sworn to before me this
`~ y of June, 2022
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`MAUREEN HUGHES
`Notary Public, State of New York
`No. 01HU6140115
`Qualified in Westchester Coun~??...
`Commission Expires January 17, 2~
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