Legal Question in Civil Litigation in New York

Re: noise pollution , quality of life, privacy issue

In Impellizerri v. Jamesville Federated Church, 104 Misc. 2d 620 (1979) the court outlined what an individual must demonstrate to prove a nuisance. The court held the following:

"There must be a material interference with the physical comfort and financial injury before there can be a nuisance. Stated another way, an early Massachusetts case held that the test should be the "common care of persons of ordinary prudence" and not as to those with "peculiar [conditions]". (Rogers v Elliott, 146 Mass 349, 353.) The alleged nuisance must be such as would cause an unwanted effect on the health and comfort of an ordinary person in the same or a similar situation. (58 Am Jur 2d, Nuisances, �� 65-67.)"

Before looking toward a civil remedy, I would do the following:

1. I would talk to the neighbor and explain the problem. If that does not work;

2. I would write a letter and send it to the neighbor by certified mail, again explaining the problem and requesting that it stop. If that does not work;

3. When the noise situation is unreasonably high, I would contact the police or the local authorities. In most jurisdictions there are noise ordinances that are enforceable. If that does not work,

4. I would find as many witnesses as possible, take their statement, and seek counsel from an attorney.