Posts tagged "Fitness"

Cedar-Fieldstone Marketplace, LP v. T.S. Fitness, Inc., et al. (Lawyers Weekly No. 11-030-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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;   17-P-791                                        Appeals Court   CEDAR-FIELDSTONE MARKETPLACE, LP  vs.  T.S. FITNESS, INC.,[1] & another.[2]     No. 17-P-791.   Bristol.     February 2, 2018. – March 15, 2018.   Present:  Milkey, Massing, & Shin, JJ.     Guaranty.  Contract, Lease of real estate, Release from liability, To guarantee rent payments.  Release.  Real Property, Lease.       Civil action commenced in the Superior Court Department on June 18, 2015.   The case was heard by Renee P. Dupuis, J., on motions for summary judgment.     John A. Walsh for the defendants. John F. White, Jr., for the plaintiff.     MILKEY, J.  In this case, we consider whether the release of a landlord’s claims against a tenant for unpaid rent pursuant to a lease precluded the landlord from bringing a collection action against a guarantor of the lease.  We conclude that it did not. Background.  The defendant T.S. Fitness, Inc. (tenant), rented commercial property in New Bedford from the plaintiff, Cedar-Fieldstone Marketplace, LP (landlord).  In 2011, those parties agreed to a modification of the then-existing lease between them.  To secure the tenant’s payment obligations under the modified lease, the tenant’s president, the defendant Thomas W. Sheridan, executed a personal guaranty, which was memorialized in a detailed, three-page document.  Under the terms of the guaranty, Sheridan’s liability was “co-extensive with that of [the t]enant,” except that it was capped at a specified amount, $ 52,271.06.  The existence of that cap appears to explain why the document is captioned a limited guaranty. Except for the cap on his liability, Sheridan’s obligations under the guaranty are set forth expansively, as we will review in detail later.  The guaranty states that “[n]o waiver or modification of any provision of this [g]uaranty nor any termination of the [g]uaranty shall be effective unless in writing, signed by [the l]andlord.” After the lease modification, the tenant subsequently defaulted on the lease, prompting the landlord to bring a summary process action against it in District Court.  That action was resolved through an agreement for judgment in February of 2013.  The parties to the agreement for judgment were the parties to the summary process action, that is, the landlord and the tenant.  Sheridan himself signed the agreement for judgment, but he did so in his capacity as president of the tenant. The essence of the agreement for judgment was […]


Posted by Massachusetts Legal Resources - March 15, 2018 at 4:32 pm

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Free Summer Fitness Classes in Boston

If pricey gym memberships have been keeping you from getting in shape so this summer, skip them. The city of Boston is offering an expanded series of free fitness classes for Bostonians in several locations in July and August, including City Hall Plaza, th South End Patch News


Posted by Massachusetts Legal Resources - July 2, 2013 at 2:07 am

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Week in Review: SoWa Food Trucks, New Fitness Center

The following were the top headlines on South End Patch from Feb. 18th to Feb. 22, 2013: Police Arrest Fugitive in Maine for South End Drug Crimes Boston Police traveled to Maine to arrest a Brockton man who defaulted on a warrant from January. Food Truck Lineup at SoWa Announced for Upcoming Season More than 35 different trucks will gather in the South End during this year’s SoWa season. New Community Fitness Center Opens in Blackstone Square Boston University has invested almost a million dollars to create a Fitness and Wellness Center at the Blackstone Community Center. Fight at Pine Street Inn Home Leads to Arrests Police arrested two men for allegedly starting a fistfight at a Washington Street rooming house. Anti-Bullying, ‘Growing Up Gay’ Themed-Play Re-Opening at BCA “Reflections of a Rock Lobster,” is based on a true story of a gay teenager and his struggles against bullying and intolerance. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch


Posted by Massachusetts Legal Resources - February 24, 2013 at 12:03 pm

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New Community Fitness Center Opens in Blackstone Square

Boston University has completely transformed the Blackstone Community Center’s 2,000-square foot fitness center into a state-of-the-art fitness facility with treadmills, bikes, free weights and squat racks. The new Boston University Fitness and Wellness Center is part of a new public health initative with Boston Public Health Commission (BPHC) and the Boston Centers for Youth & Family (BCYF) to fund three projects over the next five years at a value of more than $ 1.25 million.  Mayor Thomas Menino, BU President Robert A. Brown, and Executive Director of the Boston Public Health Commission Barbara Ferrer were all in the South End on Tuesday morning to dedicate the new fitness center.  The idea behind the facility is to provide South End community students and families a place to get active and work out. Boston Public Health Commission executive director Barbara Ferrer noted at the dedication that more than 35 percent of Boston youths are already classified as obese. The new facility will be staffed with BU employees and students in BU’s Department of Physical Education, Recreation and Dance, and will not only offer exercise programs, but wellness and nutrition as well.  “Today we celebrate a new fitness and recreation center,” said Menino. “I am hopeful that this unique program will be a shining example for other organizations to partner with us to promote health and wellness for children and families throughout our city.” Besides the new fitness center, the other two are 100 summer camp scholarships for area youth and the donation of two hours of free ice time each week to the Allston-Brighton Youth Hockey league. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch


Posted by Massachusetts Legal Resources - February 20, 2013 at 11:28 am

Categories: Arrests   Tags: , , , , ,

Things to Know in the South End Today: Menino Dedicates BU Fitness Center at Blackstone Community Center

1. Weather: The National Weather Service is predicting a partly cloudy day with a high of 47 degrees. It’s too early to be spring, but after last weekend, we’ll take it.  2. BU Fitness Center Dedication: Mayor Menino will be in the neighborhood today to dedicate the BU Fitness Center at Boston Centers for Youth & Families’ Blackstone Community Center (50 West Brookline St.) along with BU President Dr. Robert A. Brown. BU is partnering with the City of Boston to pilot a three-part health and wellness initiative, and will invest nearly $ 1.25 million over the next five years.  3. Art Exhibit: NK Gallery (450 Harrison Ave.) is currently showing The Paintings of Paul Walcott 2010- 2012. The show features abstractions in multi-media ranging from intimate in scale to wall size. The paintings have been said to be unfathomable in depth and intricately emanate light. The seem at once effortless and immediate, and utterly complex. See here for more information. 4. Zumba Workout: The Z spot offers drop-in Zumba classes on Tuesdays at 7:15 p.m. Stop by the studio at 121 E. Berkeley Street (2nd floor) to get in shape with Latin-infused Zumba moves. See here for more information.  5. Add your events: Do you have a great event coming up at your organization or business? If it’s happening right here in the South End, add it to the Events Calendar! I feature great events every single day in the daily email update, on the homepage and on social media, so add yours to the mix and help get the word out to South Enders about what’s happening in their neighborhood. Click here to add an event.  Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement.  Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter.  Share your thoughts on your community in a blog. Click here to get started. South End Patch


Posted by Massachusetts Legal Resources - February 19, 2013 at 2:11 pm

Categories: Arrests   Tags: , , , , , , , , ,