TENANT as IMPLIED COINSURED on LANDLORD’S FIRE POLICY – EXONERATION FROM NEGLIGENCE OR RATIONAL PUBLIC POLICY?

By John G. Neylon I. Introduction When a tenant negligently causes a fire or explosion at leased premises, the tenant is ordinarily liable to the landlord and other injured third parties by operation of law under general principles of negligence. The tenant may also be contractually liable to the landlord under the relevant language of the governing lease. For example a lease may commonly provide in its “yield up” clause or otherwise that at the conclusion of the leasehold term, a tenant will restore the premises to the same condition the premises were in at commencement, reasonable wear and tear,
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WHY PROCEEDS OF A SALE OF HOMESTEADED REAL ESTATE ARE PROTECTED, IF AT ALL, ONLY BY STATE STATUTE AND NOT SECTION 522(c) OF THE BANKRUPTCY CODE

by John G. Neylon INTRODUCTION The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005[1] provides the most substantial amendments to the U.S. Bankruptcy Code[2] since the 1978 adoption of the Code, which replaced the 1898 Bankruptcy Act. The “Reform” Act addresses perceived abuse by consumer debtors and substantially rewrites Section 707 of the Bankruptcy Code by providing for dismissal upon motion of certain Chapter 7 filings brought on or after October 17, 2005, where the debtor’s means exceed median family income for the debtor’s home state. In opposing such a motion, the debtor may assent to conversion of the
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Case Histories – Specific Performance

Obtained Massachusetts Appeals Court reversal and Judgment for condominium purchaser in a rising market as appellate counsel in Poilluci v. Ryan 88P845 (Middlesex Superior 86-1548) based upon a Celluci v. Sun Oil argument. Successfully defended three superior court suits against purported vendors where plaintiffs failed to prove among other things that they were ready willing and able. Connearney v. Kapatoes M/S 93-1988 (upheld on appeal 95P1183) Gianattsis v. Johnson E/S95-2621 (appeal dismissed 97P) Bourque v. Allen M/S91-473 19997 WL 625452 (Mass. Super.)
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Proceeds of a Sale of Homestead Real Estate are Protected

WHY PROCEEDS OF A SALE OF HOMESTEADED REAL ESTATE ARE PROTECTED, IF AT ALL, ONLY BY STATE STATUTE AND NOT SECTION 522(c) OF THE BANKRUPTCY CODE cite as: 39 Business Law Review 99 (2006)   PASQUINA BRIEF (PDF) Issues discussed in this article are pending before the 1st Circuit in the case of William J. Pasquina PC. v Maurice Cunningham, No. 06-2786. Appellant’s brief available at: 4-9-07 First Circuit Brief of William J. Pasquina, P.C.
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John Neylon – Résumé Synopsis

Résumé Synopsis JOHN NEYLON NEYLON & O’BRIEN, P.A. 14 BEACON STREET, SUITE 506, BOSTON, MA 02108 PHONE: 617-542-9091 john@neylonlaw.com 21 BOYLSTON STREET, WATERTOWN, MA 02472 PHONE: 617-924-4300 FAX 617-744-1877 179 ROUTE 6A, YARMOUTH PORT, MA 02675 PHONE:617-584-5380 Attorney Neylon has been practicing law in Massachusetts since 1973. His practice includes civil litigation in all State and Federal trial and appellate courts in the Commonwealth. He was educated at Boston College and its Law School and holds an L.L.M. Degree from Boston University. He is a licensed certified public accountant in Massachusetts and interacts effectively with other disciplines. EXPERIENCE: 1981-Pres.Neylon &
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John Neylon – Teaching Résumé

Teaching Résumé   TEACHING: Boston College Carroll Graduate School of Business – Law for CPAs – MJ80301750 – Summer 2010-2015 requirement for MSA students and elective in MBA program and Law School. Suffolk University Sawyer Graduate School of Management, 1999-2007 Adjunct Professor, 25 sections plus summer sessions of interdisciplinary course MBA 730 and Executive MBA 730, “Managing in the Global, Legal and Economic Environment” (this course is now MBA 680 – “Managing in the Legal and Ethical Environment”), Undergraduate Ethics Course. BLE 315 Legal and Financial Aspects of Business Spring 2015 BLE 215 Business Ethics Fall 2014 Becker CPA Review,
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John Neylon – Insurance Résumé

Insurance Résumé   INSURANCE: Neylon O’Brien, PA, was organized in 1981, by John Neylon, its proprietor. The Firm carries malpractice insurance in the amount of two million ($2,000,000.00) dollars. The Firm employs law clerks and paralegals and consults with other competent attorneys in special matters. Significant pre-judgment injunctive relief obtained in equity and secured creditor matters, reach and apply actions, pre-judgment attachments and special attachments, prosecution setting aside fraudulent transfers. Title insurance defense, clean up of defective titles, product liability defense for self insurers, professional liability defense (accountants and attorneys) and related subrogation matters, including prosecuting professional liability claims for
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John Neylon – Banking Résumé

Banking Résumé   BANKS: John Neylon does business as Neylon & O’Brien, PA. As the Firm’s conveyancing attorney, he carries malpractice insurance in the amount of Two Million Dollars ($2,000,000.00). The Firm consults with other competent attorneys in special matters. The Firm formerly represented several commercial banks and thrifts in transactions such as residential mortgage lending, including condominium mortgages, commercial lending involving all types of collateral and mortgages, mortgage foreclosure work and litigation, including Financial Institution Fidelity Bond litigation and subrogation for insurers emanating from such bonds. This firm formerly was an agent for national title insurers. The Firm represented
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Tenant as Implied Coinsured on Landlord’s Fire Policy

TENANT as IMPLIED COINSURED on LANDLORD’S FIRE POLICY – EXONERATION FROM NEGLIGENCE OR RATIONAL PUBLIC POLICY? cite as: 35 Business Law Review 83 (2002)  Tenant As Implied Coinsured (PDF) The Superior Court followed the rule established by Seaco v Barbosa, 435 Mass. 772 (2002) in the case of Seaco v L&S Realty Trust. See Appellee’s brief opposing the tenant’s appeal of the Superior Court finding in that case, No. 2003-P-471: Brief of SEACO Insurance Co., Plaintiff – Appellee (html)
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John Neylon – Municipal Résumé

Municipal Résumé   EDUCATION: Boston University Law School, L.L.M.-1979 Boston College Law School, J.D. 1973 Boston College, BA., Mathematics. 1970 PROFESSIONAL 1981-present Since 1981 sole proprietor of small Boston law firm specializing in civil litigation. Experience includes trials in all Massachusetts, State and Federal Courts, including Superior Court. District Court, Juvenile Court, Probate Court, Land Court, Housing Court, Appellate Tax Board, Department of Industrial Accidents, Federal District Court, U.S. Tax Court, US Bankruptcy Court. Have tried hundreds of cases and conducted hundreds of depositions adducing testimony from all types of lay witnesses and experts including, medical, accounting, real estate, assessors,
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