New York noise ordinance suit? Seems like a 12(b)(6) claim to me

I see that over at Long Island, some neighbor is bringing what seems to be a private nuisance suit against her neighbor's noisy kids. She says they play too loudly as they are swimming in their private pool.

According to my Convisor materials, a claim for such a nuisance (which I would assume is a private nuisance), would need to cause substantial, unreasonable interference. I can't imagine that the average Joe would find kids playing in their pool in summer to substantially interfere with one's use and enjoyment of their land. Nor can I really imagine that they found some lawyer to actually take this case. Wouldn't the more rational thing to do be to go to the neighbors and calmly work this out? Talk about your hypersensitive plaintiff. I hope this is a multiple choice question in a month.

Tags: new york neighbor nuisance, kids playing too loud nuisance case, private nuisance