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HRPT ADVISORS, INC. v. MacDONALD, LEVINE, JENKINS & CO., P.C

No. 95-P-1989.

43 Mass. App. Ct. 613 (1997)

HRPT ADVISORS, INC. v. MACDONALD, LEVINE, JENKINS & CO., P.C.

Court of Appeals of Massachusetts, Suffolk.

October 9, 1997.

Attorney(s) appearing for the Case

Patrick P. Dinardo for the plaintiff.

Richard A. Goren for the defendant.

Present: SMITH, IRELAND, & LENK, JJ.

LENK, J.

The plaintiff, HRPT Advisors, Inc. (HRPT), owner of an office building in downtown Boston, brought this action against a certified public accounting firm, MacDonald, Levine, Jenkins & Co., P.C. (tenant), by complaint (as amended) seeking to recover rent due under a lease of a portion of the premises (count I) and, alternatively, an amount due for use and occupancy (count II). Initially, a Superior Court judge denied HRPT's motion for summary judgment...

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