FAIRCHILD SQ. v. GREEN MT. BAGEL BAKERY

No. 93-493.

658 A.2d 31 (1995)

FAIRCHILD SQUARE COMPANY v. GREEN MOUNTAIN BAGEL BAKERY, INC. d/b/a Burlington Bagel Bakery, Inc., and Andrew B. Golbert.

Supreme Court of Vermont.

Motion for Reargument Denied March 29, 1995.


Attorney(s) appearing for the Case

Sandra A. Strempel of Dinse, Erdmann & Clapp and Arthur S. Barrett, Jr. of Heilmann, Ekman & Associates, Burlington, for plaintiff-appellant.

Lawrence Miller and Barbara R. Blackman of Miller & Faignant, P.C., Rutland, for defendants-appellees.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and CRUCITTI, District Judge, Specially Assigned.


MORSE, Justice.

Plaintiff Fairchild Square Company, a corporate landlord renting space to defendant, Green Mountain Bagel Bakery, appeals from a Chittenden Superior Court grant of summary judgment in favor of the tenant and its employee, Andrew Golbert. The trial court held that plaintiff had waived recovery for negligently caused fire damages under the terms of the parties' lease. We affirm.

Fairchild is the owner of the Huntington Building, a four-story...

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