Boston, MA. Nixon Peabody is pleased to announce a judicial victory for its client, MT BACK BAY ONE LLC, the owner of a commercial building in Boston’s Back Bay at 10 St. James Avenue, in a dispute with its first-floor commercial tenant that operates a personal training fitness studio. The trial in December 2020 was only the second virtual trial to be held in the Business Litigation Session of the Massachusetts Superior Court.
In a written decision dated April 2021, Suffolk County Superior Court Judge Brian Davis denied the tenant’s claim for a leasehold improvement allowance in the amount of $153,880.00, awarding nothing to the tenant. Judge Davis also entered a judgment in favor of MT BACK BAY ONE LLC on its breach of contract counterclaim, awarding it $114,829.37, representing compensation for tenant’s failure to pay rent and additional rent under the lease for five months.
In addition, in a written decision dated July 22, 2021, the court also awarded MT BACK BAY ONE LLC $162,810.30 in attorneys’ fees as a prevailing party, plus $4,206.56 in costs. With pre-judgment interest, the judgment was entered in MT BACK BAY ONE LLC’s favor against the tenant for $339,147.76.
MT BACK BAY ONE LLC’s real estate transactional attorney is Matthew Lynch. The litigation was handled by Jeffrey Brenner and William Wynne.
The case is Bish 2 LLC v. MT BACK BAY ONE LLC, No. 1784CV3341 (Massachusetts Superior Ct., Suffolk, Business Section).
