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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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BCF does not argue that the trial court’s findings lack support. Rather, it argues that because South Willow delayed before serving notice and commencing an eviction action and because it “received a . . . brand new roof with a fifteen year warranty,” it was erroneous for the trial court to find a material breach of the lease. However, we conclude that the record supports the trial court’s finding that BCF’s unauthorized demolition and reconstruction of the roof, over South Willow’s express written objection, justified eviction.