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SOUTH WILLOW v. BURLINGTON COAT

No. 2008-706.

986 A.2d 506 (2009)

SOUTH WILLOW PROPERTIES, LLC, v. BURLINGTON COAT FACTORY OF NEW HAMPSHIRE, LLC.

Supreme Court of New Hampshire.

Opinion Issued: December 16, 2009.

Attorney(s) appearing for the Case

Sheehan Phinney Bass & Green, P.A., of Manchester (James F. Ogorchock and John Mark Turner on the brief, and Mr. Ogorchock orally), for the plaintiff.

Cleveland, Waters and Bass, P.A., of Concord (William B. Pribis on the brief and orally), for the defendant.

BRODERICK, C.J.

This is a commercial landlord/tenant dispute between the landlord, plaintiff South Willow Properties, LLC (South Willow), and the tenant, defendant Burlington Coat Factory of New Hampshire, LLC (BCF). BCF appeals an order of the Manchester District Court (Emery, J.) finding that it failed to obtain South Willow's permission before replacing the roof at its retail store, and that such failure constitutes a breach of the lease and grounds for...

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