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Contracts Keyed to Dawson
UMNV 205-207 Newbury, LLC v. Caffé Nero Americas, Inc.
Citation:
2021 WL 956069 (2021)Facts
Caffé Nero Americas, Inc. leased commercial space from UMNV 205-207 Newbury, LLC to operate a café in Boston. The lease specified that the premises would be used only to operate a “Caffé Nero themed café” with on-premises consumption. In March 2020, Massachusetts Governor Baker issued COVID-19 emergency orders prohibiting on-premises food consumption in restaurants. These restrictions continued in various forms through at least June 2020. Caffé Nero was unable to pay rent during this period and attempted to negotiate with UMNV. After failed negotiations, UMNV terminated the lease on October 5, 2020, and demanded Caffé Nero vacate the premises. UMNV then sued for unpaid rent, while Caffé Nero argued that its obligation to pay rent was discharged under the doctrine of frustration of purpose.
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