This section contains the nature of the case and procedural background.

P entered into a lease with Jemrock (D). The building is also occupied by a grocery store, a Chinese restaurant, a liquor store, and 170 apartments. The term was for ten years. P filed Chapter 11 and continues to operate its business as debtor in possession. P is current in the payment of rent and related charges required by the terms of the Lease and is not in default of any of the Lease terms. P entered into an assignment of the Lease to Just Heaven. The president of Just Heaven has executed a personal guarantee for the payment of rent in favor of D for the first two years of the assignment, together with a statement that her net worth exceeds $50,000. The Lease provides that 'any noise emanating from said premises shall be deemed a breach of the terms and conditions of this Lease.' Just Heaven has allocated $20,000 for construction, including soundproofing. D opposed the assignment.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.