IMPELLIZERRI V. JAMESVILLE FEDERATED CHURCH
104 Misc. 2d 620; 428 N.Y.S.2d 550 (1979)
NATURE OF THE CASE: Impellizerri (P) filed a motion for an injunction to restrain Church
(D) from playing bells, and the church filed a cross motion to dismiss the complaint in
which the neighbors contended the playing of the bells was an invasion of privacy and a
nuisance.
FACTS: Ps are seeking an injunction to restrain D from playing its carillon. P contend
that the volume of the bells effects their son who has a neurological disease and is kept
awake. P also claims she has migraine headaches and muscle spasms as the result of an
accident which are aggravated by the bells. Ps also claim that conversation is disrupted,
and the sounds cause severe anxiety and emotional stress to Ps. Ps contend that the playing
of the carillon is an invasion of privacy and a nuisance. The carillon is played three times
a day and four times on Sundays at regular hours for a period of approximately four minutes
each time.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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