LaJoy v. LaJoy

Appeal from an order of the Court of Claims (DeBow, J.), entered July 19, 2007, which, among other things, denied claimant’s motion to compel discovery.

From October 1998 to November 1999, defendant was engaged in a reconstruction project that involved the replacement of numerous bridges over Route 3 in the Town of Plattsburgh, Clinton County. As here relevant, the work was conducted between the hours of 8:00 p.m. and 6:00 a.m., approximately six days a week, in various locations in close proximity to claimant’s home. The excessive noise, vibrations and lighting prompted claimant to commence a…