Impellizerri v. Jamesville Federated Church

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

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Impellizerri v. Jamesville Federated Church

Supreme Court of New York
104 Misc.2d 620, 428 N.Y.S.2d 550 (1979)

SC

Facts

Anthony and Luana Impellizerri (plaintiffs) lived close to the Jamesville Federated Church (church) (defendant). The church’s bells rang loudly three times on Mondays–Saturdays and four times on Sundays. The Impellizerris’ son had a neurological disease and was kept awake by the bells. The Impellizerris brought suit against the church, seeking an injunction preventing the church from using the bells. The Impellizerris claimed that the bells constituted a nuisance. The church filed a motion to dismiss.

Rule of Law

Issue

Holding and Reasoning (Tenney, J.)

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