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TSI WEST 14, INC. v. SAMSON ASSOCIATES, LLC

8 A.D.3d 51 (2004)

777 N.Y.S.2d 29

TSI WEST 14, INC., Appellant, v. SAMSON ASSOCIATES, LLC, Respondent.

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

June 8, 2004.

Plaintiff operates a fitness center on the ground and second floors of the building at 36 West 14th Street pursuant to a 15-year commercial lease entered into with defendant on August 21, 1998. The lease agreement provides: "Tenant agrees not to make or allow to be made any vibration or noise that might interfere with the safety, comfort and well being of the other tenants in the building or interfere with the use and occupancy of such other tenant's [sic] premises...

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