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§ 18

Citation
§ 18
Parent Document
Dacey v. Burgess (2023)
Jurisdiction
Massachusetts (state)
Effective Date
2023-02-16
Original Source
https://www.courtlistener.com/opinion/9378565/dacey-v-burgess/ ↗

Other Sections in This Document (234)

Full Text

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4 Dacey also argues that where equity does not favor
forfeiture, and where the COVID-19 pandemic negatively affected
tenants across the Commonwealth, including Dacey, the balance of
harms is "vastly disproportionate," such that equity precludes
enforcement of the stipulated judgment. See Howard D. Johnson
Co. v. Madigan, 361 Mass. 454, 456 (1972) ("In our decisions we
have followed the rule that equity does not favor a
forfeiture"). Burgess argues that this issue is waived because
Dacey raised it for the first time on appeal. See Boss v.
Leverett, 484 Mass. 553, 562 (2020).
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