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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Qureshi v. Fiske Capital Management, Inc., 59 Mass. App. Ct. 463 (2003)

Citation
Qureshi v. Fiske Capital Management, Inc., 59 Mass. App. Ct. 463 (2003)
Parent Document
Qureshi v. Fiske Capital Management, Inc., 59 Mass. App. Ct. 463 (2003)
Jurisdiction
Massachusetts (state)
Effective Date
2003-09-30

Other Sections in This Document (22)

Full Text

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On Fiske’s motion for summary judgment on all counts of Qureshi’s complaint and on its counterclaim, the motion judge correctly determined that after March 1, 2001, Qureshi was a tenant at sufferance and that she thereafter owed monthly occupancy charges of $1,706 (the amount she had in fact been paying through February 1, 2001). The judge’s partial judgment included a ruling that Qureshi was liable to Fiske for the $2,248 of withheld rent but that that obligation was susceptible to nullification should Qureshi succeed in her claim for damages flowing from the interruption in water supply. The judge did not allow summary judgment as to the breach of contract count of the complaint, and that claim remains for adjudication.