NPS, LLC v. MINIHANE

SJC-10134

451 Mass. 417 (2008)

NPS, LLC v. PAUL MINIHANE.

Supreme Judicial Court of Massachusetts, Norfolk.

May 15, 2008.


Attorney(s) appearing for the Case

Charles L. Solomont (Daniel L. Goldberg & Brandon L. Bigelow with him) for the plaintiff.

Timothy F. O'Brien for the defendant.

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


COWIN, J.

In this case we decide whether an acceleration clause in a ten-year license agreement for luxury seats for New England Patriots professional football games at Gillette Stadium is enforceable. The agreement requires the purchaser of the license to pay, upon default, the amounts due for all years remaining on the license. The plaintiff contends that the clause is a lawful liquidated damages provision; the defendant, who

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