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ROBERTS-NEUSTADTER FURS, INC. v. SIMON

17 Mass. App. Ct. 262 (1983)

457 N.E.2d 668

ROBERTS-NEUSTADTER FURS, INC. vs. ALYCE B. SIMON & others, trustees.

Appeals Court of Massachusetts, Suffolk.

December 20, 1983.

Attorney(s) appearing for the Case

David A. Mills for the plaintiff.

M. Robert Dushman for the defendants.

Present: GREANEY, CUTTER, & WARNER, JJ.

GREANEY, J.

The plaintiff (lessee) brought this action in the Superior Court seeking specific performance by the defendants (lessors) of an option agreement in the parties' lease. This option required, upon proper exercise by the plaintiff, that the defendants convey the property containing the leased premises. The defendants answered and counterclaimed. On cross motions for summary judgment under Mass.R.Civ.P. 56, 365 Mass. 824 (1974), a judge of the Superior Court...

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