Daniel J. Dwyer Quoted in Massachusetts Lawyers Weekly Article

June 16, 2023 Media Mentions
Massachusetts Lawyers Weekly

Verrill Partner Daniel J. Dwyer was recently quoted in Massachusetts Lawyers Weekly article, “Email to landlord was sufficient written notice of nonrenewal”. The article discusses the recent ruling from the Massachusetts Appeals Court stating an e-mail by which a commercial tenant notifies its landlord that the lease will not automatically renew suffices as notice of non-renewal, even in a lease stating that e-mail notice is not effective.

In 2018, Dwyer won a similar trial against the same landlord, Cummings Properties LLC, and the verdict was affirmed on appeal. He believes that the Appeals Court has” had it” with Cummings Properties’ treatment of its commercial tenants. He went on to say that the Appeals Court, “knows that the automatic extension cases it sees represent just a fraction of the times that,” according to the trial judge in the recent case, Cummings, on receipt of notice, ”covers its ears like a child unwilling to listen to a piece of unwelcome information” in order to cause an automatic lease renewal to occur and thereby to deliver a devastating financial shock to one of its tenants.

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