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MARIN v. CITY OF NY

190 Misc.2d 809 (2002)

739 N.Y.S.2d 523

ANGEL MARIN, Appellant, v. CITY OF NEW YORK et al., Respondents.

Supreme Court, Appellate Term, First Department.

February 7, 2002.

Attorney(s) appearing for the Case

Salzman, Ingber & Winer, New York City, and Alexander J. Wulwick, New York City, for appellant.

Michael D. Hess, Corporation Counsel of New York City (Leonard Koerner and Elizabeth S. Natrella of counsel), for respondents.

PARNESS, P.J., and GANGEL-JACOB, J., concur; McCOOE, J., concurs in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Judgment entered July 14, 2000 affirmed, with $25 costs.

The operative facts are not seriously disputed. On April 30, 1995, at approximately 12:20 A.M., the defendant police officer, detecting "unreasonabl[y]" loud music emanating from a car driven by plaintiff, issued plaintiff a summons for violating local noise regulations (see, Administrative Code of City of NY § 24-220 [a]). Although the officer prepared...

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