CUMMINGS PROPERTIES, LLC v. NATIONAL COMMUNICATIONS CORPORATION


449 Mass. 490 (2007)

CUMMINGS PROPERTIES, LLC v. NATIONAL COMMUNICATIONS CORPORATION.

Supreme Judicial Court of Massachusetts, Middlesex.

July 17, 2007.


Attorney(s) appearing for the Case

Susan F. Brand for the plaintiff.

Daniel Briansky for the defendant.

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


CORDY, J.

In this case we must determine whether an accelerated rent provision in a commercial lease constitutes an enforceable liquidated damages provision where the tenant's breach, the failure to pay rent, is deemed by the lease (and agreed by the parties) to be "significant," but where, on its face, the provision might also apply to breaches of less significance, to which its application would be disproportionate. A judge in the District Court awarded the landlord...

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