STIGLIANESE v. VALLONE


255 A.D.2d 167 (1998)

680 N.Y.S.2d 224

Michael Stiglianese et al., Appellants, v. Gay Vallone et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 17, 1998


We disagree with Appellate Term that prejudicial error warranting a new trial was committed by Civil Court's reliance on plaintiffs' journal of noise levels in concluding that defendants' playing of loud rock music constituted a private nuisance and violated the New York City Noise Control Code. The plaintiffs' journal and the decibel readings contained therein were admitted into evidence without any objection by defendants. Consequently, any error regarding this evidence...

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