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Under a lease agreement (the 1985 lease), the real estate
partnership rented the Gardiner property to Farris & Susi, a
Maine partnership (the law partnership) then consisting of two
partners; namely, petitioner and Susi. The law offices of the
law partnership were located at the Gardiner property. The 1985
lease remained in effect at least until December 31, 1989.
In early 1987, a flood at the Gardiner property caused a
significant disruption to the law partnership’s practice and the
loss of numerous documents, including, more likely than not, the
1985 lease.
On or about January 1, 1990, the real estate partnership,
as the lessor, and the law partnership, as the lessee, entered
into a written lease (the 1990 lease) for the Gardiner property.
The 1990 lease was signed by petitioner on behalf of the real
estate partnership and by Susi on behalf of the law partnership.
At some point afterwards, petitioner and Susi admitted new
partners to the law partnership. Towards the end of 1992,
petitioner and Susi were practicing law as partners in Farris,
Susi, Heselton, & Ladd, P.A. Subsequently, on or about December
30, 1992, Farris, Susi, Heselton, & Ladd, P.A., was incorporated
as a Maine corporation (the corporation). The change in legal
form and structure of the law practice was prompted in part by
malpractice insurance concerns as well as by the addition of new
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Last modified: March 27, 2008