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).