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May Centers, Inc. v. Paris Croissant of Enfield Square, Inc., Et Al.

599 A.2d 407 (1991)

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May Centers, Inc. v. Paris Croissant of Enfield Square, Inc., Et Al.

Superior Court of Connecticut

599 A.2d 407 (1991)

Facts

Paris Croissant of Enfield Square, Inc. (Paris) (defendant) signed a form lease with May Centers, Inc. (May) (plaintiff) for ten years starting on April 15, 1986. Anthony Scussel and the other individual defendant(s) (defendants) personally guaranteed Paris’s obligations under the lease for two years and the entire lease term if Paris was in default “as of the expiration of the second (2nd) year.” Paris was given ten days to cure a default before May could seek a remedy. Although the lease stated that rent was due on the first of each month, Paris consistently paid the rent around the middle of the month. May accepted the late rent without claiming default, including the rent paid on April 20, 1988, the end of the second year of the lease term. The lease stated that a party’s failure to act upon a default was not a waiver of the default “if such default persists or is repeated.” Further, the landlord’s acceptance of rent after a breach did not constitute a waiver. After Paris stopped paying rent in 1989, May brought suit against Paris and the individual guarantors for the breach.

Rule of Law

Issue

Holding and Reasoning (Satter, J.)

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