DiGIOVANNI v. CLARKE

No. 02-P-309.

62 Mass. App. Ct. 1102 (2004)

JOHN P. DIGIOVANNI, trustee, & another v. BRADLEE F. CLARKE, JR., trustee, & another.

Appeals Court of Massachusetts.

September 24, 2004.


Decision Pursuant to Rule 1:28.

Insofar as the judgment determines that the plaintiffs (lessees) are not obligated to reimburse the defendants (lessors) for attorney's fees and costs for defaults under the lease, it is reversed. The portion of the judgment that interprets § 24 of the lease is reversed. The declaration in paragraph 3(1) of the judgment is vacated and replaced by a declaration stating that § 12(d) of the lease obligates the lessees to reimburse...

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