Judge dismisses large portion of lawsuit against Forest Hills Stadium
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A Queens judge dismissed several claims against Forest Hills Stadium on Monday, forcing locals into a narrower lane to prove their case against the stadium. Photo by Jamie Poole
By Ryan Schwach
A Queens judge this week dismissed a bulk of a lawsuit filed by a group of residents against Forest Hills Stadium, leaving the locals with a narrow lane to prove their case.
Justice Joseph Esposito of Queens Supreme Court, Civil Term partially granted a request from Forest Hills Stadium to dismiss the lawsuit brought by residents of the Forest Hills Gardens Corporation, the private neighborhood where the recently revived concert venue sits.
Esposito dismissed five of the seven claims brought by the residents. However, he allowed two to remain – the two claims regarding accusations that the stadium has been both a public and private nuisance, the crux of the residents’ lawsuit.
The locals will now have to prove that the stadium that has been in the area for more than a century has a negative impact on day-to-day life in the suburban neighborhood, or risk having the lawsuit dismissed altogether.
“Forest Hills Stadium, an iconic and popular venue that anchors New York’s vibrant live music scene, has poured tremendous resources into being a good neighbor,” said Akiva Shapiro of the law firm Gibson Dunn, which represents the stadium in the case. “We are gratified that the court dismissed the vast majority of the claims and made clear that concerts at the stadium are authorized under the relevant legal documents.”
“We are confident that the remaining claims will also be dismissed,” Shapiro added.
The lawsuit brought by the residents of the private neighborhood is the only remaining against the stadium, after several others were brought against the venue over the past couple of years.
The lawsuit claimed that the Queens venue’s growing number of yearly concerts are too loud, too hectic and infringe on the quiet lifestyle many of the nearby residents moved to Forest Hills for.
The stadium has pushed back, arguing that the complaints came from a relative minority in the community, and that the stadium has been a good neighbor and an economic driver for the Queens communities surrounding it.
According to court documents, Esposito granted motions to dismiss from the stadium and its operator, West Side Tennis Club, shooting down five of the locals’ complaints toward the stadium.
Among the complaints shot down was one that claimed that the stadium had been operating out of its legal bounds, that crowds were trespassing on private streets and that the stadium had been breaking zoning laws.
On the trespassing claim specifically, FHGC argued that the stadium “lacks permission to use plaintiff private streets and sidewalks for access to concerts held at the stadium.”
However, Esposito ruled that FHGC failed to adequately prove that any illegal trespassing took place. For years, locals have argued that the large concert crowds invade their sidewalks, streets and lawns, to the detriment of their quality of life.
“I've seen people peeing, s–– and vomiting in the neighborhood, in some cases in my building where I live,” local Jerry Mastriano previously told the Eagle.
While Esposito dismissed a bulk of the case, it’s not off the docket yet.
The stadium will still have to defend itself against claims that it’s been a nuisance in the neighborhood.
In this lawsuit, community members alleged that the noise emanating from the stadium during shows had begun to disturb residents, whose homes would allegedly shake if the music was particularly loud.
They argued that the noise has been a nuisance both to the community as a whole, and to the lives of individual residents.
The court decided that those complaints, submitted through affidavits, were enough evidence to keep the nuisance claims in the case for now.
Lawyers representing the FHGC have argued that their complaints justify “special injury” – or “harms distinct from the community at large, that no other person can assert,” according to court documents.
Lawyers representing the FHGC said they were happy that the nuisance complaints were not dismissed, and said they were considering appealing the rest of Esposito’s decision.
“We are pleased the judge has continued to recognize the serious nuisance created through noise code violations, FHGC’s loss of control of its indisputably private streets, trespass and other land-use harms,” said lawyer Christopher Rizzo, of Carter Ledyard & Milburn LLP. “FHGC will continue to press forward in trial court.”
“Through the entire process, FHGC will continue to protect its property rights as well as the rights of its thousands of residents to live in their homes and community free from harms created by an improper concert business inserted into a residential community that plainly prohibits such businesses,” Rizzo added.
The lawsuit is the only remaining suit against the stadium after a similar case was dismissed in full earlier this year.
In August, Queens Supreme Court Justice Robert Caloras dismissed the suit brought by Concerned Citizens of Forest Hills, a group that formed in opposition to the stadium, ruling it didn’t have standing to sue the Queens music venue.
He also said that the resident group failed to prove that the individuals bringing the suit had suffered more harm than the community at large, a requirement when bringing a public nuisance claim.
Lawyers for the stadium have used Caloras’ ruling as evidence that the remaining lawsuit should also be entirely dismissed.
As the issues play out in Queens court houses, the stadium has continued to host concerts. This weekend, they will host DJs Tiësto and Gryffin on Friday and Saturday respectively.
