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APPLEBEE'S NORTHEAST, INC. v. METHUEN INVESTORS, INC.

No. 98-P-1833.

46 Mass. App. Ct. 777 (1999)

APPLEBEE'S NORTHEAST, INC. v. METHUEN INVESTORS, INC., general partner, & another.

Court of Appeals of Massachusetts, Essex.

May 17, 1999.

Attorney(s) appearing for the Case

Eric F. Eisenberg for the plaintiff.

John D. Hanify for the defendants.

Present: KASS, KAPLAN, & JACOBS, JJ.

KAPLAN, J.

The question on appeal is the effect, in particular circumstances, of the termination of a prime lease upon the continued existence of a sublease. The question arises in the course of a refinancing and redevelopment of the Methuen Mall. To simplify the narrative, we use the name "Developers" to signify one or more of the three affiliated companies used to carry out the redevelopment plan.

To begin as of May, 1996. The fee title of the Methuen Mall...

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