ELR Citation: ELR 20285
No(s). 5-7466 (Mass. Apr 7, 1971)

Trial court properly refused to restrain commercial plaza dry cleaner tenant from operating its plant in "an offensive and noisy manner" in landlord-initiated action where evidence showed that noise from plant was transmitted or created by "tactile vibration"—sound conveyed by the structure itself—from one point to another and that the type of building construction involved was particularly susceptible to this type of vibration. Evidence also showed that offensive noise was product of multiple indistinguishable causes. Lease provisions requiring operation of modern, efficient equipment and elimination of any objectionable noises by defendant must be read together and where, as here, use of such modern, efficient equipment is shown, plaintiff cannot prevail.

Counsel for Plaintiff
Jerome L. Rappaport
26 Emerson Place
Boston, MA
(617) 227-7345

Counsel for Defendant:
Robert Sylvia
Fine & Ambrogne
One State St.
Boston, MA 02109
(617) 227-0100