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NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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
Everest National Insurance Company v. Berkeley Place Restaurant Limited Partnership (Lawyers Weekly No. 12-155-16)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 2011-1470 EVEREST NATIONAL INSURANCE COMPANY vs. BERKELEY PLACE RESTAURANT LIMITED PARTNERSHIP ORDER ON POST-VERDICT ISSUES AND FOR JUDGMENT This action was commenced by Everest National Insurance Company as subrogee of three persons: Timothy J. Barletta (“Timothy”), Barletta Engineering Corporation (“Barletta Corp.”) and Osprey Equipment Corporation (“Osprey”). The action is one for contribution under G.L. c. 231B, § 1(d ). Everest, as insurer for all three persons, paid a settlement amount to a state trooper who was seriously injured in a car accident when he was struck from behind by a car driven by Timothy. Everest asserted in this case that defendant, Berkeley Place Restaurant Limited Partnership, d/b/a Grill 23 (“Grill 23″), is jointly liable to the state trooper as a result of negligently serving Timothy alcohol in the hours before the accident. Following a jury verdict in favor of Everest that determined that Grill 23 is liable as a joint tortfeasor and that the settlement reached by Everest with the state trooper and his wife was reasonable, the parties address two issues: (1) how many tortfeasors bear responsibility for a pro rata share of the settlement, and (2) what amount is Everest entitled to receive as contribution from Grill 23? Both questions involve application of the contribution statute. For the first question, the court must determine whether “if equity requires, the collective liability of some as a group shall constitute a single share.” G.L. 1 c. 231B, § 2(b). The second question is whether, under G.L. c. 231B, §1, Everest may obtain contribution for more than a pro rata share of what it paid in settlement? FACTS On Saturday night, September 27, 2008, Timothy attended a private birthday party at the Grill 23 restaurant in Boston. The person being celebrated was Timothy’s sister-in-law, Laura Barletta, and the person throwing the party was her husband, Timothy’s brother, Vincent Barletta. Approximately 40 people attended the party and the guests were, generally, friends and family of Laura Barletta. The party was held in a function room, separate from the rest of the restaurant. There was evidence before the jury sufficient to show that at the party Timothy was served alcohol after it had been recognized by the Grill 23 manager on duty that Timothy was visibly intoxicated. Timothy left the party with his girlfriend, got into a motor vehicle, and drove west on the Mass Pike. Several minutes later, Timothy, while operating under the influence of alcohol, smashed into the rear of a state police vehicle parked on the edge of the Pike to assist a stopped car. State Trooper Christopher Martin was inside the state police vehicle. As a result of the […]
Police: Fight Reported Outside of Rosie’s Place
The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions. Officers are looking into an assault and battery in front of Rosie's Place. Boston Police responded to a rep South End Patch News
7 Jobs that Make the World a Better Place
The following story was provided by AOLJobs.com By: Debra Auerbach for CareerBuilder Have you ever had an itch to quit your job and instead do work that makes a real difference in the world? In honor of Earth Day on April 22, we’ve compiled a list of seven jobs that help people live a better life – from the buildings they work and live in, to the energy that fuels their homes, to the air they breathe. 1. Conservation scientist: Conservation scientists are hired to help preserve and protect natural habitats. They usually work with landowners and federal, state and local governments to find the best ways to use and improve the land while conserving the environment.* How to become one: Conservation scientists typically need a bachelor’s degree in forestry or a related field. It helps job prospects to have a degree from programs that are accredited by the Society of American Foresters and other similar organizations. Pay: According to Economic Modeling Specialists International, conservation scientists earn a median hourly income of $ 28.28. If you’re looking for a green job in the South End, check out our jobs page. 2. Energy auditor: When a building is cooled or heated, it uses energy. Buildings often leak energy, so they produce extra heat or air to compensate, which wastes more energy. Energy auditors help curb energy waste by inspecting buildings to find areas of air leakage and advising customers on how to fix and prevent leaks. How to become one: There are no nationwide education or training requirements for energy auditors, but some states require auditors to take courses or earn a certification. Certification is available through organizations such as the Building Performance Institute, the Residential Energy Services Network and the Association of Energy Engineers. Some local technical and community colleges also offer energy auditing courses. Pay: Since it’s such a new field, national wage information is currently unavailable. If you’re looking for a green job in the South End, check out our jobs page. More: How To Find A Job That Is A Good ‘Fit’ 3. Green construction manager: Construction is another area that has seen an emergence of green jobs. As interest for environmental protection increases, the demand for green buildings grows with it. Construction managers that specialize in green buildings plan, direct, coordinate and budget construction projects, ensuring that onsite processes are environmentally friendly. This could mean setting up a recycling plan for unused construction materials or protecting environmentally sensitive areas of the site. They’re also responsible for choosing contractors who have knowledge of green building techniques. How to become one: Most construction managers come to the job with experience working on other similar projects. Most also hold a bachelor’s degree […]
Governor, Mayor Extend ‘Shelter In Place’ Order Through Entire City
Governor Deval Patrick and Police Commissioner Ed David (Speaking for Mayor Tom Menino) have extended the “Shelter in Place” recommendation to all of Boston. “We’re asking people to shelter in place. In other words, to stay indoors with their doors locked and not to open their door for anyone other than a properly identified law enforcement officer,” said Patrick in a press conference in Watertown this morning. The order is an extension of the previous shelter recommendation, which included Watertown, Waltham, Newton, Belmont, Cambridge and Allston/Brighton. The new order means there are approximately 935,000 people are now locked in their homes. “Please understand we have an armed and dangerous person(s) still at large and police actively pursuing every lead in this active emergency event. Please be patient and use common sense until this person(s) are apprehended,” read a statement from the mayor’s office. South End Patch