Legal Question in Real Estate Law in New York

Re: Neighbor shouting profanity and harrassing...

If the names and shouting at you are as outrageous as you seem to describe, you might want to contact the police and file a complaint.

Re: Neighbor shouting profanity and harrassing...

While the responses of the prior attorneys constitute sound advice, as a civil litigator, I look at things from a bit of a different perspective.

Your situation involves the interesting issue of the interplay between one's First Amendment right of free speech vs. certain limitations on such speech. There are a number of these types of limitations, i.e., one cannot lawfully commit libel or slander and, as stated so famously in a Supreme Court case, one cannot falsely yell "fire" in a crowded theater without being subject to liability.

Here, too, there may be such a legitimate limitation on one's right to free speech. You might want to consider filing a civil lawsuit for the tort of intentional infliction of emotional distress. Of course, at this point, it seems as though your damages would be quite limited, unless, say, you saw a psychiatrist/psychologist as a result of the emotional disturbances you are experiencing.

Good luck.

-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo

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Re: Neighbor shouting profanity and harrassing...

I agree with the information provided by Attorney Katz. If things are as you've described then you should contact the police to file a complaint. If for some reason the police are not willing to assist then I would suggest that you contact you local District Attorney's Office and/or local town or city representative for assistance in obtaining action.