F & G Pasqualucci, LLC v. Global Naps Realty, Inc.

Wheatley, EJ.

This summary process case comes to us as an appeal under Mass. Dist./Mun. Cts. R A. D. A., Rule 8C. See also St. 1996, c. 358, §10. Because no electronic record of the proceedings was made, the parties have submitted an agreed-upon statement of the evidence, which, when supplemented with the courts findings of fact was approved by the trial judge. Id., Rule 8C(e). It is from this that we draw a factual view of the case.

The parties entered into a commercial lease on August 31,1998, the operation of which continued into 2001. Along the way they extended and modified the original…