Copley Place Associates, LLC v. Téllez-Bortoni (Lawyers Weekly No. 11-029-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 16-P-165 Appeals Court COPLEY PLACE ASSOCIATES, LLC vs. CARLOS TÉLLEZ-BORTONI. No. 16-P-165. Suffolk. December 9, 2016. – March 16, 2017. Present: Milkey, Massing, & Sacks, JJ. Fraud. Deceit. Real Property, Lease. Contract, Lease of real estate. Practice, Civil, Summary judgment, Judgment notwithstanding verdict. Civil action commenced in the Superior Court Department on April 24, 2012. A motion for summary judgment was heard by Peter M. Lauriat, J.; the case was tried before Robert B. Gordon, J., and a motion for judgment notwithstanding the verdict was heard by him. Robert E. Curtis, Jr., for the defendant. Martin M. Fantozzi (David M. Zucker also present) for the plaintiff. SACKS, J. The defendant, Carlos Téllez-Bortoni, appeals from a judgment entered against him in favor of the plaintiff, Copley Place Associates, LLC (Copley), on claims for fraud and violation of G. L. c. 93A. He argues that a judge of the Superior Court erred in awarding Copley partial summary judgment against him on liability. We conclude that Copley’s motion failed to establish as undisputed fact that Copley relied to its detriment on false representations made by Téllez-Bortoni. We therefore vacate the judgment and remand for further proceedings. Background. Copley’s claims arose out of a failed venture in which Irish Pub Group, Inc. (IPG), was to have operated a restaurant in space leased from Copley in its mall located in Boston. Téllez-Bortoni signed the lease on IPG’s behalf. Section 24.11 of the lease stated, “If Tenant is or will be a corporation, the persons executing this Lease on behalf of Tenant hereby covenant and warrant that . . . the person signing this Lease on behalf of the corporation is an officer of Tenant, and is duly authorized to sign and execute this Lease.” Sometime after the lease was signed, Téllez-Bortoni informed Copley that one Raymond Houle was “a part of [IPG],” causing Copley to inform a bank that Houle could negotiate a large check Copley had issued to IPG as a portion of a “Landlord’s Contribution” provided for in the lease. Houle deposited the check in IPG’s account. IPG did not use the funds to further the project as required by the lease, the restaurant never opened, and Copley sued IPG, Téllez-Bortoni, Houle, and others on a variety of theories, seeking to recover amounts […]
Categories: News Tags: 1102917, Associates, Copley, Lawyers, Place', TéllezBortoni, Weekly
Free Concert in Copley Thursday
Find out what's important to know in the South End today, Thursday, August 1st, 2013. South End Patch News
Dozens Show They’re ‘Boston Strong’ in Copley
Despite overcast skies, several dozen people donned their “Boston Strong” t-shirts Tuesday in Copley Square after the shirt designers dropped off a check for nearly $ 900,000 with the One Fund Boston. Emerson College students Nicholas Reynolds and Chris Dobens came up with the idea for the shirts hours after the Boston Marathon bombings April 15. They couldn’t have imagined the outpouring of support they’ve seen over nearly two months. On Tuesday, they wanted to gather as many people in their “Boston Strong” shirts as they could for a group photo. “This has been absolutely amazing to see,” said Reynolds. Watch the video above for more. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Boston Returns to Copley to Show Its Pride
Boston has several reasons to be proud: Whether it’s because of the city’s resilience in the aftermath of the April Boston Marathon Bombings, the fact that its hometown hockey team will return to the Stanley Cup Finals, or the idea that it has one of the most passionate, involved communities around – no one can argue Boston is not a proud city. There is no better proof of that last thought than at the annual Boston Pride Parade. The parade, in its 43rd year, marched through Copley Square, bent toward the South End and wound back uptown toward Government Center, beginning just after noon on Saturday. Thousands lined the streets on a picture perfect day, not only to stand in solidarity with the LGBT community, but to reinforce “Boston Strong” at the very site from which that movement began. South End Patch
A Permanent Copley Marathon Memorial: What Would You Like?
Discussions to create a permanent Boston Marathon memorial have not yet taken place in City Hall. While the memorial in Copley Square is still growing, the city’s archivist has been regularly making sure paper materials and other delicate items are protected. In order to preserve the well-wishes and notes left for Boston, the city created a Tumblr page to document the memorial in Copley Square to effectively memoralize the memorial. Boston Mayor Thomas Menino has made it clear that whatever memorial is made will respect the wishes of the victims and survivors of the bombings. When discussions about creating a permanent memorial begin survivors and victim families are going to be asked for feedback and thoughts, a city official told Patch. So what would you like to see for a permanent Boston Marathon bombings memorial in Copley Square? Would you want to see statues?Would you like to see a monument erected? A glass-enclosed memorial of the items left at the temporary memorial? Tell us in the comments. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
‘Love and Mourning’ at Copley Marathon Memorial
Crowds continued to gather at the makeshift memorial in Copley Square commemorating those impacted by the Boston Marathon bombings Wednesday, which marked one month since the attacks shook the city. There was no special occasion, no moment silence as 2:50 p.m. came and went, which was the time on April 15 when two bombs exploded near the finish line, killing three and injurying 260 others. Instead, those at the memorial shared their own moments of quiet reflection as the memorial continues to grow. Ed Starbuck of Hyannis has been coming to the area nearly every day since shortly after the bombings. What started as a few flags he put down grew into the memorial which has been moved four times, most recently to its current locale. “I would say it’s love and mourning,” Starbuck said of the continually-growing memorial. “People leave a little bit of grief here. And that’s why it’s important. It’s a place where people can come and after they look at Ground Zero, they can come here.” SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
PHOTOS: Memorial at Copley Square Grows
The memorial at Copley Square continues to grow, with more candles, hats, stuffed animals signs and other well-wishes appearing by the day. Have you left anything at the memorial? Does it encourage you to see the support from around the country? Tell us in the comments. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch