Peters v. Moses

The opinion of Special Term indicates that it found from the evidence, supplemented by the court’s personal observations made pursuant to the stipulation of the parties, that there were noises incidental to the playing of outdoor music by defendant corporation’s orchestra which disturbed the peace of the neighborhood. This finding is amply supported by the evidence. Under the circumstances we think that the playing of the outdoor orchestra should be prohibited after eleven o’clock in the evening. The provisions of the Administrative Code of the City of New York (§ 435-5.0) indicate a public…