Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)

Citation: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Parent Document: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Jurisdiction: Massachusetts (state)
Effective Date: 1994-01-15
Original Source: https://www.courtlistener.com/opinion/8351304/azar-v-quinn/ ↗

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On August 10,1987 the plaintiffs received a written “proposal to sublet space” (the “Proposal”) from Cohen. (Exhibit 4.) The Proposal differed in several respects from what the plaintiffs had understood Cohen to agree to at their meeting at his office. Specifically, the Proposal provided for rent increases in years two and three, as well as for charges for utilities in years two and three. The plaintiffs wrote various handwritten modifications on the Proposal and had Camiel initial their modifications. The plaintiffs testified that Camiel assured them that Cohen would go along with the modifications and that a written sublease would be forthcoming soon. Azar returned the marked-up Proposal to Cohen with a cover letter dated August 20, 1987 in which Azar requested that Cohen incorporate the plaintiffs’ modifications into a written sublease for the plaintiffs to have reviewed by their attorney. (Exhibit 5.) Cohen did not respond to Azar’s letter. During the next week the plaintiffs testified that Camiel repeatedly assured them in person that everything was on track and that it was just a matter of time before Cohen would send over the sublease. The plaintiffs also called Cohen’s office repeatedly and each time were told to leave a message for Cohen. Cohen never returned the plaintiffs’ phone calls. Instead, Cohen made a site visit to the Premises during the last week of August where he observed, without protesting to the plaintiffs, that the plaintiffs’ renovations to the Space were in progress.

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