Stoffel Seals Corp. v. Village of Tuckahoe

Plaintiff, the operator of punch presses, brings this action to declare unconstitutional, invalid, illegal and void subdivision (f) of section 2 of Ordinance No. 34 of the Village of Tuckahoe. Such ordinance was enacted to prohibit “ unreasonably loud, disturbing and unnecessary noise ”.

Counsel, in order to save the time of the court, agreed upon a statement of facts. The stipulation will be incorporated in this memorandum as the findings of fact and the cause decided on the law.

Beyond cavil, a village is empowered to regulate and prohibit noises (Village Law, § 89, subd. 48-a). This…