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Stiglianese v. Vallone

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1998
255 A.D.2d 167 (N.Y. App. Div. 1998)

Opinion

November 17, 1998

Appeal from the Supreme Court, First Department (Parness, J. P., and Friedman, J.; McCooe, J., dissenting in part).


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 was not preserved for appellate review.

The Civil Court's award of $25,000 compensatory damages was, however, unauthorized (CCA 202), and upon review of the record, we find compensatory damages of $15,000 to be an appropriate award. Further, we do not find an award of punitive damages to be warranted in this case.

Concur — Lerner, P. J., Sullivan, Rosenberger, Ellerin and Rubin, JJ. [ See, 174 Misc.2d 312.]


Summaries of

Stiglianese v. Vallone

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1998
255 A.D.2d 167 (N.Y. App. Div. 1998)
Case details for

Stiglianese v. Vallone

Case Details

Full title:MICHAEL STIGLIANESE et al., Appellants, v. GAY VALLONE et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 17, 1998

Citations

255 A.D.2d 167 (N.Y. App. Div. 1998)
680 N.Y.S.2d 224

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