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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)

Citation
Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)
Parent Document
Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)
Jurisdiction
Massachusetts (state)
Effective Date
2007-07-17

Other Sections in This Document (25)

Full Text

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Under the terms of the lease, the parties agreed that “payment of rent in monthly installments is for the sole benefit and convenience of LESSEE.” Thus, the full amount of rent owed under the lease was due at its commencement, and the acceleration clause only required National to pay Cummings what it agreed to pay up front for the entire term of the lease. See Fifty States Mgmt. Corp. v. Pioneer Auto Parks, Inc., 46 N.Y.2d 573, 578 (1979) (acceleration clause costing defaulting tenant interest it would have earned by paying rent monthly no more penalty than contracting to pay entire lease amount at outset of lease term).