CHAPMAN v. KATZ


448 Mass. 519 (2007)

JULIE M. CHAPMAN & others v. DAVID L. KATZ & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 16, 2007.


Attorney(s) appearing for the Case

Philip Y. Brown (Timothy P. Frawley with him) for the plaintiffs.

Evans Huber for Banknorth, N.A.

Douglas G. Moxham for David Katz & another.

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


MARSHALL, C.J.

The central question in this commercial lease dispute between the plaintiff-owners and the defendant-tenant, David L. Katz,3 and his sublessee, the defendant Banknorth, N.A. (bank),4 is whether the bank's erection of an automated teller machine (ATM) kiosk on the property required the prior consent of the owners. The defendants contend that the consent of the owners was not required under the...

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