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· 8/25/1992

Atkinson v. Rosenthal

Citations

  • 598 N.E.2d 666
  • 33 Mass. App. Ct. 219
  • 1992 Mass. App. LEXIS 725

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • limiting Anthony’s Pier Four v. HBC Associates, 411 Mass. 451, 583 N.E.2d 806 (1991), 219 to breach of contract eases with this extortionate quality
  • even an intentional default by commercial tenant is not enough to constitute a c.93A violation without proof of an “extortionate quality” to the conduct
  • notice to tenant that landlord would seek to relet the premises, “in effect for the tenant’s account[, did not support] an inference of acceptance of surrender”
  • “[Fjailure to perform obligations under a written lease, even [if] deliberate and for reasons of self-interest, does not present an occasion for invocation of c. 93A remedies”
  • no c. 93A violation where tenant deliberately abandoned and thereby breached commercial lease

Source: CourtListener parenthetical corpus (CC0).

Judges: Kass, Jacobs, Gillerman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.