275 WASHINGTON STREET CORP. v. HUDSON RIVER INTERNATIONAL, LLC.

No. SJC-11217.

465 Mass. 16 (2013)

275 WASHINGTON STREET CORP., trustee, v. HUDSON RIVER INTERNATIONAL, LLC, & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 30, 2013.


Attorney(s) appearing for the Case

David G. Hanrahan ( John G. Hofmann with him) for the plaintiff.

Bruce E. Falby ( Matthew Iverson with him) for the defendants.

Adam N. Lewis & Neil R. Janulewicz, Jr. , for Arts & Business Council of Greater Boston, Inc., amicus curiae, submitted a brief.

Lawrence P. Heffernan , John T. Ronayne , Danielle Andrews Long , & Kendra L. Berardi , for Real Estate Bar Association for Massachusetts & another, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

The primary questions on appeal are threefold. First, after a breach of a commercial lease by the tenant and termination of the lease by the landlord, does an indemnification clause in the lease, in the absence of specific language so providing, allow the landlord to recover before the end of the lease term the present value of lost future rent once the landlord relets the property to another tenant for the duration of the lease? Second, in the absence of...

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