Mendel Kern, Inc. v. Workshop, Inc.

These two actions were consolidated for trial and we consider them together on appeal. The first is a complaint for declaratory judgment by Mendel Kern, Inc. (Kern), against Workshop, Inc. (Workshop), and the other defendants 3 that it has a binding, long-term lease, option to purchase, and right of first refusal as to certain commercial property (the premises) on Merrimac Street in Boston. The second action is by Workshop for recovery of possession of the premises in summary process against Kern. Judgment was entered in the Superior Court declaring, among other things, that Kern had no lease…