BOONTON, N.J. (CBSNewYork) — A woman in Boonton, N.J. is suing her neighbors over their son’s drumming.

Danny Palazzo’s neighbor claims he’s ruining her quality of life by playing the drums at all hours.

An appellate court is letting her lawsuit move forward, but Palazzo’s parents claim he never played late into the night.

“He would only come up here 10-15 minutes at a time. It would be something to do after school if he was bored,” said Palazzo’s dad. “We would go and look to see if her car was in the driveway so that he could play. She wasn’t home.”

The Palazzo family filed a harassment complaint against the neighbor.

A judge, however, dismissed the complaint.

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