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COSTELLO v. PET INC.

17 Mass. App. Ct. 382 (1984)

458 N.E.2d 790

THOMAS COSTELLO vs. PET INCORPORATED & another.

Appeals Court of Massachusetts, Suffolk.

January 18, 1984.

Attorney(s) appearing for the Case

Erik Lund (Paul R. Schneider with him) for Pet Incorporated.

Steven J. Cohen for 16-24 West Street Company, Inc.

Frederick J. Conroy for the plaintiff.

Present: GRANT, BROWN, & SMITH, JJ.

BROWN, J.

This is an appeal from a judgment of the Superior Court which required the defendant Pet Incorporated (Pet) to convey the property located at 16-24 West Street, Boston, to the plaintiff, Costello, or his nominee. The judgment also nullified a conveyance of the property by Pet to its codefendant, 16-24 West Street Company, Inc. (West). Factual Background.

By 1975, the building in question (premises) had become an increasing burden for Pet....

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