M.J.G. PROPERTIES, INC. v. HURLEY

No. 88-P-1091.

27 Mass. App. Ct. 250 (1989)

537 N.E.2d 165

M.J.G. PROPERTIES, INC. vs. DAVID P. HURLEY.

Appeals Court of Massachusetts, Hampden.

April 27, 1989.


Attorney(s) appearing for the Case

Donald W. Frank & Maxine Salvage Frank for the plaintiff.

Richard B. Johnson for the defendant.

Present: DREBEN, KAPLAN, & FINE, JJ.


DREBEN, J.

The question before us in this plaintiff-lessor's appeal in a summary process action is whether the judge was warranted in finding a waiver by the lessor despite an antiwaiver clause in the lease. We hold that the clause did not, as matter of law, preclude a finding of waiver and, on the record before us,2 the judge's finding of waiver is not clearly erroneous. Mass.R.Civ.P...

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