Appeals court probes whether informal emails satisfied lease notice requirements in Innovation Pharmaceuticals dispute

The Massachusetts Appeals Court heard argument over whether Innovation Pharmaceuticals Inc. gave effective notice to end an automatic lease extension with landlord Cummings Properties Ltd., even though the notices were delivered informally by email rather than strictly following the lease’s written-notice provision.

The question matters because appellate judges must decide whether longstanding rulings that allow departures from contractual notice formalities in narrow circumstances apply here — and whether testimony from the landlord’s representative that he “understood” the tenant intended to leave is enough to overcome a judge’s factual finding that the required notice was not clear and unequivocal.

At the start of oral argument, presiding Justice Peter Sachs told counsel: “I would encourage you to get right to the heart of your argument.” Daniel Dwyer, arguing for Innovation Pharmaceuticals, asked the court to consider testimony…