DiBella v. Fiumara

After a jury waived trial in this summary process action, the judge ruled that there was “no proper basis for termination ... of the lease” even though the lessee, defendant Peter Fiumara (“Fiumara”), had breached the lease. This is a Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal of that ruling by the lessor, DiBella Realty Trust (“DiBella”).

Pursuant to the terms of the parties’ lease entered into in January of 2001, Fiu-mara leased the premises at 151 Rear Newbury Street in Peabody for an initial ten year term with options to renew for two additional five year terms. The premises consisted of…