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MOTSIS v. MING'S SUPERMARKET, INC.

No. 18-P-968.

96 Mass. App. Ct. 371 (2019)

LEO J. MOTSIS, trustee, v. MING'S SUPERMARKET, INC.

Appeals Court of Massachusetts, Suffolk.

November 5, 2019.

Attorney(s) appearing for the Case

Dana Alan Curhan for the plaintiff.

Richard E. Gentilli for the defendant.

Present: HENRY, SACKS, & DITKOFF, JJ.

This case presents the question whether a lessor's material breach of a commercial lease permits the lessee both to recover lost profits due to lost use of the premises and to obtain an order for specific performance of the lease provision requiring the lessor to make structural repairs. After a Superior Court jury trial and the judge...

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