Legal Opinion

Linear Retail Danvers 1, LLC v. Casatova, LLC

Massachusetts Superior Court

Decided June 11, 2008No. 20073147Published

1Opinion of the Court

Kern, Leila R., J.

This action stems from an alleged default on a commercial lease by the defendants, Casatova, LLC and Michael and Christina Ovalle. Now before this court is the plaintiffs, Linear Retail Dan-vers #1, LLC (Linear), motion for summary judgment as to the liability of the Ovalles. For the following reasons, Linear’s Motion for Summary Judgment is DENIED.

BACKGROUND

On November 10, 2005, Linear, as lessor, and Casatova, as lessee, entered into a written lease for commercial property located at 110 Newbury Street in Danvers, Massachusetts, for five years. The Ovalles executed a…

2Cases cited24 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  4. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  5. Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976

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