House of Chan, Inc. v. Dyckman

Plaintiff moves for a temporary injunction restraining defendants ‘ ‘ from leasing and using ’ ’ certain premises above plaintiff’s restaurant as and for a rehearsal studio for dancers, musicians and entertainers in such a manner that loud noises and vibration cause the ceiling of plaintiff’s restaurant to shake and tremble. The affidavits submitted present a sharp conflict as to whether the plaintiff’s complaints are factually true. Furthermore, the plaintiff’s papers disclose that the situation claimed by plaintiff to exist (presently) has continued for a long time and is by no means a…