Injunction Granted—Excessive Noise Emanating From Forest Hills Stadium—West Side Tennis Club—Plaintiff Demonstrated the Likelihood of Success With Respect To Trespass and Public and Private Nuisance Claims—Defendant Argued That Those Who Want the Advantages of Living in NYC "Must Expect the Impingement of That Crowded Society Upon Their Life Because Some Degree of Noise, Tension and Discomfort Are Inevitable In an Urban Setting"—Court Stated That "Noise Level Emanating From a Concert, the Vehicle and Foot Traffic, Loitering and Foul Orders, Before and After Concerts Are Not Encompassed In Such Expectations of Living in an Organized Civil Community"—Alleged Disorderly Conduct Included "Littering, Public Urination, Tail Gating and Loitering"—Sound Expert's Conclusions Were Unrebutted—Noise Level Was Approximately 100 Times the Legal Limit

A plaintiff moved for an order enjoining "concerts that exceed the noise level standards" in the NYC Noise Code (Code), requiring defendant to "continuously monitor dBA, dBC, and one-third octave band levels through an independent noise monitoring organization approved by the court and paid for by defendant during the stadium sound checks, rehearsals and concerts, with readings promptly being disclosed to (plaintiff) after each show"; and enjoining "defendant from trespassing and/or causing a trespass on (plaintiff's private property including through the placement of barricades, security personnel operations, ticket queuing and other concert operations on (plaintiff's) private property (unless a license is in place)" and requiring "defendant to develop a plan with NYPD to avoid dangerous pedestrian and traffic conditions that require police closures of private streets (and enjoin the creation of such conditions unless a license is in place)."

The plaintiff homeowner association owns the "streets, sidewalks and common areas in the location known as Forest Hills Gardens (Gardens)." It represents approximately 900 property owners, including the West Side Tennis Club (WSTC) and Forest Hills Stadium (Stadium).