Opinion
November 8, 1976
In an action to enjoin the maintenance of an alleged public nuisance, i.e., the emission of noise from unmuffled vehicles operating at the Bridgehampton race track, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered May 24, 1976, which dismissed the complaint, after a nonjury trial. Judgment affirmed, without costs or disbursements. While we do not agree with the standards laid down by the Trial Justice, the plaintiff did not, on this record, establish a public nuisance. Hopkins, Acting P.J., Damiani, Rabin, Shapiro and Hawkins, JJ., concur.