Masabumi Kikuchi

Masabumi Kikuchi (菊地 雅章, Kikuchi Masabumi, born 19 October 1939) is a Japanese jazz pianist and composer born in Tokyo, notable for working with a variety of well-known jazz musicians, such as Lionel Hampton, Sonny Rollins, Woody Herman, Mal Waldron, Joe Henderson, McCoy Tyner, Elvin Jones, Miles Davis, Paul Motian, Billy Harper and Hannibal Peterson.

Discography

As leader

• Poo-Sun (Philips, 1970)
• East Wind (East Wind, 1974)
• Matrix (Catalyst, 1977)
• Wishes/Kochi (East Wind, 1976; Inner City, 1978)
• But Not for Me (Flying Disk, 1978)
• Susto (CBS/Sony, 1981)
• One-Way Traveller (CBS/Sony, 1982)
• Dreamachine (Rec. 1989–90, Glass House, 1992; Pioneer)
• Feel You (Bellaphon, 1993)
• Raw Material #1 (Alfa, 1997)
• Melancholy Gil (Universal)
• Slash Trio (3d Records)
• Slash Trio, Vol. 2 (3d)
• After Hours, Vol. 2 (Blue Note)
• Aaobb (3d)
• Sunrise (ECM)

As co-leader

• Hozan Yamamoto + Masabumi Kikuchi – 銀界 / Silver World (Philips, 1971; reissued 1994) with Gary Peacock and Hiroshi Murakami
• Masabumi Kikuchi, Masahiko Togashi, Gary Peacock – Poesy : The Man Who Keeps Washing His Hands (Philips, 1971)
• Masabumi Kikuchi + Gil Evans (Philips, 1972); Japanese big band with Billy Harper directed by Gil Evans
• Elvin Jones / Masabumi Kikuchi – Hollow Out (Philips, 1973)
• Terumasa Hino, Masahiko Togashi, Masabumi Kikuchi – Triple Helix (Enja, 1993)

With Tethered Moon (Trio with Paul Motian and Gary Peacock)

• First Meeting (Rec. 1990–91, Winter & Winter, 1997)
• Tethered Moon (King/Paddle Wheel, 1992, Evidence, 1993)
• Triangle (King/Paddle Wheel, 1993)
• Tethered Moon Play Kurt Weill (JMT, 1995; reissued on Winter & Winter, 2005)
• Chansons d’Édith Piaf (Winter & Winter, 1999)
• Experiencing Tosca (Winter & Winter, 2004)

As sideman

With Pee Wee Ellis

• Blues Mission (Gramavision)

With Gil Evans

• Gil Evans Live at the Royal Festival Hall London 1978 (RCA, 1979)
• Live at the Public Theater (New York 1980) (Trio, 1981)

With Joe Henderson

• Joe Henderson and Kikuchi, Hino in Concert (Rec. 1971, Fontana, 1974)

With Terumasa Hino

• Acoustic Boogie (Blue Note)
• Hino=Kikuchi Quintet (Columbia)
• Moment: Alive at Blue Note Tokyo (EMI)

With Helen Merrill

• You and the Night and the Music (Verve)

With Paul Motian

• Trio 2000 + One (Winter & Winter, 1997)
• Live at the Village Vanguard (Winter & Winter, 2006)
• Live at the Village Vanguard Vol. II (Winter & Winter, 2006)
• Live at the Village Vanguard Vol. III (Winter & Winter, 2006)

With Takeshi Shibuya

• Tandem (Universal)

With Mal Waldron

• Mal: Live 4 to 1 (Philips, 1971)

Legacy in New York State Property Law

In the late 1970's Kikuchi lived in New York City and rented a loft apartment on W. 20th Street. The large apartment, over 1700 square feet, was in a formerly commercial building adapted to artists spaces and mixed studio and apartment space. His space was filled with musical instruments and recording equipment; a creative work space as well as living space. In late 1977, a health spa equipment sales business moved into the floor above Kikuchi's studio. A series of damaging water leaks, noise, and eventually large scale building renovations began. These leaks and activities severely interfered with his work and daily living; Eventually Kikuchi sued his landlord asserting that the combined events and activities breached the convent of quiet enjoyment of his apartment. Importantly, he also claimed that the construction work effectively excluded his use of a generous swath of the loft apartment, that is he was constructively evicted by the landlord's acts and failure to act (related to the upstairs tenant). Despite the massive disruptions, he continued living in the apartment during the legal dispute. At common law, an essential element of claiming constructive eviction is the tenant's moving out; The logic of the common law rule is rooted in proof: the landlord's actions must be so severe and materially impact the tenant that no one would continue to stay there under the circumstances.

The case was finally decided by the N.Y. Appellate Division in 1988. The Court's ruling in favor of Kikuchi established the notion of partial constructive eviction; that is, a partial exclusion from the quiet use and enjoyment of the property. The rule established in this case entitled a partially constructively evicted tenant to a pro rata rent reduction in proportion to the portion of the property they were unable to use. Importantly, the court held that leaving the premises was not required under this new concept. This rule has not been widely adopted in the United States and is a minority rule. The case, 528 N.Y.S.2d 554 (App. Div. 1988) is featured in contemporary property law case books to illustrate the concept of partial constructive eviction.

External links

• Discogs