A group of residents living in Forest Hills, Queens filed a nuisance lawsuit against West Side Tennis Club, a non-profit that hosts concerts at its Forest Hills Stadium, alleging that defendant created or allowed noise that exceeded noise levels permitted under the New York City Noise Code, §24-231 and §24-218(a).

Plaintiffs, who claimed they were deprived of the ability to enjoy their homes, sought damages and to permanently enjoin defendant from violating the noise code.