GIUSTO v. PETRUZZIELLO


1994 Mass. App. Div. 72 (1994)

Mary A. Giusto vs. Giorgio Petruzziello

Massachusetts Appellate Division, Northern District.

April 12, 1994.


Attorney(s) appearing for the Case

Charles A. Clifford for the plaintiff.

Henry F. Owens, III, for the defendant.

Present: Sherman, P.J., Furnari & Merrick, JJ.


Merrick, J.

Plaintiff Mary A. Giusto ("the landlord") brought this action against defendant Giorgio Petruzziello ("the tenant") to recover rent due under a lease of commercial property. The tenant counterclaimed for an alleged constructive eviction and resulting loss of profits.

Prior to the execution of the commercial lease, the tenant began construction of a building next door to the leased premises. The tenant paid rent for five months of the seven year...

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