Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)

Citation: Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Parent Document: Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-09-09
Original Source: https://www.courtlistener.com/opinion/6578571/wesson-v-leone-enterprises-inc/ ↗

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The evidence of untenantability at trial consisted of testimony that (1) there were leaks “right on top” of one of the “high-tech,” expensive cameras and that after “the camera got wet” it was covered with plastic sheeting so it would not get wet again; (2) a customer’s preprinted paper stock was protected with plastic sheeting after a leak had “dampened the top portion” of his “skids of paper”; and (3) at times “the ceiling tiles got so wet that they . . . crumbled and fell out.” There was no evidence that the leaks caused work stoppages, resulted in missed or delayed customer deliveries, or otherwise prevented the tenant from carrying on business.17 The tenant continued to conduct business from the time it first complained of the leaks in April, 1991, through the time the tenant moved out sometime after November 4, 1991. While the landlord’s breach of his covenant to repair may have made the tenant’s operation less convenient and more expensive, based on the evidence adduced at trial, it did not rise to the level of a constructive eviction.

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