Langan v. Bellinger

611 N.Y.S.2d 59 (1994)

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Langan v. Bellinger

New York Supreme Court, Appellate Division
611 N.Y.S.2d 59 (1994)

KL

Facts

Julie Langan (plaintiff) lived next door to the Presbyterian Church of the Town of Schoharie (the church) (defendant), which played hourly chimes from 8:00 a.m. to 8:00 p.m. and played music at 12:00 p.m. and 6:00 p.m. Langan filed a complaint against the church for private nuisance, among other claims, seeking injunctive relief. Langan alleged that the noise disrupted her family life, prevented her child from sleeping, and was a source of stress. The church filed a motion for summary judgment supported by an affidavit from a noise-management expert. The expert stated that the volume of the chimes and music was no louder than the sound of passing vehicles, and that approximately 6,500 vehicles drove past Langan’s home every day. The church also included affidavits from other nearby residents who found the chimes to be pleasant. Langan opposed the motion and provided her own affidavit in support. The trial court granted summary judgment in favor of the church and dismissed the complaint. Langan appealed.

Rule of Law

Issue

Holding and Reasoning (Weiss, J.)

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