The Massachusetts Supreme Judicial Court (SJC) resolved an important question concerning how long prospective plaintiffs have to pursue construction defect claims against a developer when a condominium development consists of multiple buildings constructed over an extended period of time. In D’Allesandro v. Lennar Hingham Holdings, LLC, the SJC held that the six-year statute of repose […]
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UMNV 205-207 Newbury, LLC (referred to as “UMNV”) leased its Newbury Street location to Caffe Nero Americas, Inc. (referred to as “Caffé Nero”) for a 15-year term starting June 1, 2017. The lease stipulated that Caffé Nero was to use the leased premises “solely for the operation of a Caffé Nero themed café under Tenant’s […]
We previously highlighted Jon Friedmann’s victory in a complex foreclosure case, which resulted in a six-figure verdict for the firm’s client in a jury-waived trial and an award of attorney’s fees and costs, the sum of which totaled nearly half a million dollars. The plaintiff in the case, a borrower who defaulted on a commercial […]
Jim Rudolph and Bob Shaer of Rudolph Friedmann LLP served as counsel to the sellers of a four-acre commercial Cambridge property to facilitate the $43.9 million real estate transaction that closed on September 30. The property, known as the Cambridge Distribution Center, is located at 67 Smith Place. It was a commercial condominium having 20 […]
A life estate is an interest in real property for the duration of a person’s life, that person is known as the “life tenant.” The life estate ends at death and ownership of the property then passes to a “remainderman.” In the case below, the Massachusetts Appeals Court discusses what happens when the remainderman predeceases […]
In the recent matter of Bellalta v. Zoning Board of Appeals of Brookline 481 Mass. 272 (2019), the Massachusetts Supreme Judicial Court (the “SJC”) ruled that a variance was not required for a homeowner to add a dormer to their roof (only a special permit) despite the additional living space increasing a nonconforming Floor Area […]
Bobby Rudolph acted as local counsel to a California real estate developer who brought suit against two Massachusetts companies for breach of commercial leases for properties located in California. After a trial and judgment issuing in California, Bobby brought suit against the tenant and corporate guarantor of the commercial leases in Massachusetts to enforce the […]
A fee-shifting agreement requires the non-prevailing party in a legal matter to pay the legal fees and costs of the prevailing party. We previously highlighted Jon Friedmann’s victory in a complex foreclosure case, which resulted in a six-figure verdict for the firm’s client in a jury-waived trial. After the trial, the judge held a separate […]
This case involves a dispute between a borrower, a purported lender and the purported lender’s funder regarding a commercial loan, and the aftermath caused by the borrower’s default on the loan. The borrower brought claims against the purported lender and the lender’s funder, for unfair business practices and violation of the Massachusetts anti-usury statute. RF […]
by George Georgountzos A lease functions as the basis of the contractual agreement between the landlord and tenant, outlining the parties’ obligations to each other. When disputes arise, parties, counsel and courts look to the lease as the starting point in determining what the parties agreed to and whether there has been a breach. Peculiar […]
