HLM REALTY CORPORATION v. MORREALE


1983 Mass. App. Div. 79 (1983)

HLM Realty Corporation vs. James B. Morreale

Massachusetts Appellate Division, Northern District.

March 8, 1983.


Attorney(s) appearing for the Case

Frank R. Sherman for the plaintiff.

Daniel Briansky for the defendant.

Present: Cowdrey, P.J., Forte & Jodrey, JJ.


Forte, J.

This cause is before the Appellate Division on two questions reported by the judge who assessed damages. A different judge granted the plaintiff summary judgment on the issue of liability. The two reported questions announced before the assessment, but reported after assessment, are as follows:

1. Is the plaintiff limited to recovery only for such installments of rent as have become due at the time of the commencement of this action? 2...

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