Impellizerri v. Jamesville Federated Church

104 Misc. 2d 620; 428 N.Y.S.2d 550 (1979)

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Nature of the Case

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Facts

Ps are seeking an injunction to restrain D from playing its carillon. Ps contend that the volume of the bells effects their son who has a neurological disease and is kept awake. Ps 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.