Modugno v. Merritt-Chapman Scott Corp.

The plaintiffs are residents in the area near Little Bay, Whitestone, Queens County. On July 7, 1958, Triborough Bridge and Tunnel Authority entered into a contract with defendant for the construction of the substructure for the Throggs «Neck Bridge connecting Little Bay with Throggs Neck, County of Bronx. Complaining that defendant is conducting pile driving operations until 11 -.00 p.m. weekdays, thereby causing ‘1 noise of such character, intensity and duration as to be injurious to the comfort of plaintiffs and enjoyment of their homes and detrimental to their life and health ”, this…