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Do I have rights in an enviromental change?

Posted by Jonathan Hudson on January 22, 1997 at 10:03:36:

I was wondering is someone could advise me. I live in a new building in the
East Village (NYC). I moved in to the second floor the day the contractor left and building opened.
Until October the retail space below my appartment was vacant. The landlord (and broker
that got me the place) told me a video rental shop would be going in below.

Turns out I have a 24 night club/veggie food place below me and not a video rental. Sound barriers between my appartment and the club
do not exist. I have not been able to sleep a single night since October. The clubs base from thier sound system shakes my floor and vibrates everything
in my appartment. Lack of sleep is effecting both my personal and professional life not to mention physical problems (run down, catching colds)
that this forced insomnia haqs been causing me.

Landlord won't help me. The Club owner and his staff are abusive.

I signed the standard NYC retal agreement. In it I am banned from creating noise that would disturb other
tenants. Would a commerial lease be the same way? I cannot afford to move and
deal with another broker fee (plus I like the building). Do I have any legal rights?


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