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UNO RESTAURANTS, INC. v. BOSTON KENMORE REALTY CORPORATION

441 Mass. 376 (2004)

UNO RESTAURANTS, INC. v. BOSTON KENMORE REALTY CORPORATION.

Supreme Judicial Court of Massachusetts, Suffolk.

April 1, 2004.

Attorney(s) appearing for the Case

Kevin T. Peters for the plaintiff.

Paul Killeen (Pamela R. O'Brien with him) for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SPINA, J.

The central issue in this case is whether the covenant of good faith and fair dealing requires the owner of a building comprised of condominium units, only one of which is subject to a right of first refusal, to ensure that an offer by a third party to purchase the entire building is allocated such that the amount offered for the unit subject to the right of first refusal does not exceed its proportionate value...

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