A commercial landlord applied for a declaration that a lease with its tenant gym operator was terminated and sought an order for possession due to alleged nuisance caused by excessive noise.
The evidentiary record consisted largely of hearsay and minimal firsthand evidence, and the landlord had not complied with procedural requirements for expert evidence regarding acoustics.
The tenant’s responding materials were also procedurally deficient and attempted to seek relief, including an interlocutory injunction, without proper originating process or motion materials.
The court found the pleadings and evidentiary record insufficient to permit an intelligible adjudication of the parties’ rights and obligations.
The application was adjourned to allow the parties to clarify issues, consider proper procedures, and potentially pursue settlement.
