Concerned Citizens of Forest Hills v. West Side Tennis Club — Concert Noise Suit Against Forest Hills Stadium Dismissed on Nuisance Grounds
The Appellate Division, Second Department dismissed a nuisance suit brought by Forest Hills neighbors against West Side Tennis Club over concert noise at Forest Hills Stadium, holding that the noise is a public rather than private nuisance and that plaintiffs lacked the special injury “different in kind” required to bring a private public-nuisance action.