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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 20

Citation
§ 20
Parent Document
South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC, 986 A.2d 506 (2009)
Jurisdiction
New Hampshire (state)
Effective Date
2009-12-16

Other Sections in This Document (62)

Full Text

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compel a finding that South Willow waived its right to bring an eviction proceeding. Throughout 2003, 2004, and into 2005, the parties engaged in numerous communications concerning BCF’s negligent construction work, and South Willow repeatedly informed BCF that it was in default of the lease for conducting unauthorized work. On March 2, 2006, the date that BCF notified South Willow that it was proceeding with demolition and replacement of the roof, South Willow notified BCF in writing that it was reserving all of its rights to pursue whatever remedies were available to it. Similarly to Colonial Village,