TSI West 14, Inc. v. Samson Associates, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 28, 2002, which denied plaintiffs motion for a Yellowstone injunction, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted.
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…
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