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Appellate Division, Second Department: August 16, 2024

Handdown List released on:August 14, 2024

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By Duffy, J.P.; Ford, Dowling, Landicino, JJ.

SALIM SAMAHA, ET AL., app, v. BROOKLYN BRIDGE PARK CORPORATION, res — (Index No. 516591/20) Travis Law PLLC, New York, NY (Christopher R. Travis of counsel), for appellants. Muriel Goode-Trufant, Acting Corporation Counsel, New York, NY (Scott Shorr, Kevin Osowski, and Ingrid R. Gustafson of counsel), for respondent. In an action, inter alia, for injunctive relief and to recover damages for private nuisance, the plaintiffs appeal from an order of the Supreme Court, Kings County (Rosemarie Montalbano, J.), dated May 24, 2021. The order, insofar as appealed from, in effect, denied the plaintiffs’ motion for a preliminary injunction enjoining the defendant from causing or permitting unreasonable noise in violation of Administrative Code of the City of New York §24-218 to emanate from the defendant’s lavatory, gate, and storage facility under the plaintiffs’ home. ORDERED that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, and the plaintiffs’ motion for a preliminary injunction enjoining the defendant from causing or permitting unreasonable noise in violation of Administrative Code of the City of New York §24-218 to emanate from the defendant’s lavatory, gate, and storage facility under the plaintiffs’ home is granted.

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