1274 Massachusetts Avenue Corp. v. 1280 Massachusetts Avenue Ltd. Partnership

Defendants 1280 Massachusetts Avenue Limited Partnership, Niles Company, Inc. and John Niles bring this summaiy judgment motion on all counts of the plaintiffs complaint. The plaintiff is a Massachusetts corporation that leased a restaurant premises in Cambridge from the defendants in 1985. The plaintiff alleges that rent was overpaid for ten years because the area leased was 2446 square feet rather than the 2655 square feet listed in the lease and seeks relief under theories of breach of contract, mutual mistake, misrepresentation, and violation of G.L.c. 93A.

Defendants respond by stating…