Atkinson v. Rosenthal
Massachusetts Appeals Court
1Opinion of the CourtKass, J.
Twenty-two months before the expiration of a written five-year lease, the tenants, Marla F. Rosenthal and Terri E. Leone, abandoned the leased premises. We are con cerned with the damages owed by them for breach of the lease. A judge of the Boston Municipal Court ruled that the landlord, because he had successfully relet the premises, was not entitled to any damages. The landlord appealed to the Appellate Division of the Boston Municipal Court, which decided that there was no error and dismissed the report. See G. L. c. 231, § 108; Dist./Mun.R.Civ.P. 64 (1975). Thereupon, the landlord…
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