MANHATTAN v. 111 WEST 24TH STREET ASSOCIATES


294 A.D.2d 299 (2002)

743 N.Y.S.2d 28

AIKIDO OF MANHATTAN, Appellant, v. 111 WEST 24TH STREET ASSOCIATES, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 30, 2002.


Defendant acknowledged in the lease that plaintiff's business (martial arts instruction) would produce some "associated noise," and that the tenant would make best efforts to minimize such noise by installing mats and other insulation. In a prior holdover proceeding, the lease was declared void ab initio on the ground that neither party could perform because the wood-joist building structure made it impossible to reduce the excessive noise and vibration emanating from the...

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