Cvs pharmacy tatnuck square worcester mass

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Among the factors properly considered are the financial responsibility of the subtenant, the legality and suitability of the proposed use, and the nature of the occupancy. The lease provided that CVS had the right to sublet all or part of the premises so long as Kaplan consented in writing. CVS reasons that because, first, CVS remained obligated to pay no more than the base rent, second, there was no evidence that Domino's Pizza was not financially responsible, and, third, the sublease would assure Kaplan of the continued receipt of the base rent from CVS, Kaplan had no reasonable basis for withholding his consent. Atlantic Richfield Co. Expressed otherwise, CVS's argument is that Kaplan should not be allowed to withhold his consent in order to improve upon the terms of the prime lease. Moreover, only half the premises were to be occupied by Domino's Pizza, and there was no assurance that the remaining space would be used to generate sales that might result in percentage rent.

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  • WORCESTERTATNUCK SQUARE CVS, INC. vs. KAPLAN, 33 Mass. App. Ct.
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  • CVS Pharmacy Worcester, Massachusetts

  • Worcester, MassachusettsCVS pharmacy store locations including directions and store details. Chandler Street Worcester, MA #. General Information: Chandler St Worcester, MA Square Events.

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    No Events for CVS Pharmacy-Tatnuck Square in the System. 5 reviews of CVS Pharmacy "The store was clean, the staff was nice. It is on the smaller size in Chandler St.

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    It indicated to Kaplan that it might move when a firm decision to that effect had been made.

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    CVSbrought an action seeking a declaration that the landlord, Lewis Kaplan, acted unreasonably in withholding his consent to a sublet. According to the terms of its lease with Kaplan, CVS would continue to be obligated to pay Kaplan the base rent provided for in that lease and, in addition, percentage rent based upon Domino's Pizza's gross sales. Both landlord and tenant, to a degree, share the risks of the tenant's business and the potential for profit.

    Kaplan also sought G. See Kohl v.

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    On June 8,still without informing Kaplan of the mall lease, CVS exercised its second option to extend the Kaplan lease for an additional five-year term.

    WORCESTERTATNUCK SQUARE CVS, INC. vs. KAPLAN, 33 Mass. App. Ct.

    It did not inform Kaplan that it had signed a lease for other space before it exercised its option to extend the lease, and it moved without informing Kaplan. See Kohl v. After a jury-waived trial, a Superior Court judge found that CVS's failure to remain in business at the site was not a breach of the lease and that Kaplan had not acted unreasonably in refusing to consent to the sublease.

    Grocery Mfrs.

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    Cvs Pharmacy has been rated by 1 patients. From those 1 patients 1 of those left a comment. CVS Pharmacy at Chandler St Worcester MA. Get pharmacy hours, services, contact information and prescription savings with GoodRx!

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    Grocery Mfrs. Whether a lessor acts reasonably in withholding his consent to a sublease, therefore, is a question for the finder of fact.

    images cvs pharmacy tatnuck square worcester mass

    Kaplan also sought G. It did not inform Kaplan that it had signed a lease for other space before it exercised its option to extend the lease, and it moved without informing Kaplan.

    images cvs pharmacy tatnuck square worcester mass

    Atlantic Richfield Co. After a jury-waived trial, a Superior Court judge found that CVS's failure to remain in business at the site was not a breach of the lease and that Kaplan had not acted unreasonably in refusing to consent to the sublease. Ernest Pestana, Inc.

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    images cvs pharmacy tatnuck square worcester mass
    Cvs pharmacy tatnuck square worcester mass
    During the first three years of the lease term, no percentage rent payments were made. Grocery Mfrs. In the interest of stability, the terms of such leases generally are lengthy, and percentage rents provide the landlord with a hedge against inflation.

    Ernest Pestana, Inc. On June 8,still without informing Kaplan of the mall lease, CVS exercised its second option to extend the Kaplan lease for an additional five-year term.

    3 comments

    3 thoughts on “Cvs pharmacy tatnuck square worcester mass”

    1. Ina large rental unit became available in the mall a few blocks from the premises, and CVS was faced with the possibility that the space would be occupied by a competitor.

    2. Whether a lessor acts reasonably in withholding his consent to a sublease, therefore, is a question for the finder of fact. In addition, CVS was to pay a percentage rent based upon gross sales over a specified amount.

    3. According to the terms of its lease with Kaplan, CVS would continue to be obligated to pay Kaplan the base rent provided for in that lease and, in addition, percentage rent based upon Domino's Pizza's gross sales. There was no express requirement in the lease that CVS continue to operate its business at the site throughout the term of the lease.