· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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