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    4. Nixon Peabody closes out comprehensive win for client MT BACK BAY ONE LLC in dispute with commercial tenantMedia

    Nixon Peabody closes out comprehensive win for client MT BACK BAY ONE LLC in dispute with commercial tenant

    Sep 22, 2021

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    • Nicholas Braude

      Director of Media Relations

      Office 617.345.1063
      nbraude@nixonpeabody.com

    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).

    Real Estate

    Practices

    Commercial Lease DisputesLitigation

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    • Jeffrey S. Brenner

      Partner / Practice Group Leader, Construction & Real Estate Litigation
      • Providence
      • Office:401.454.1042
      • jbrenner@nixonpeabody.com
      Jeffrey S. Brenner
    • Vernon W. Johnson, III

      Partner
      Deputy Leader, Construction & Real Estate Litigation
      • Washington DC
      • Office:202.585.8401
      • vjohnson@nixonpeabody.com
      Vernon W. Johnson, III
    • Matthew R. Lynch

      Partner
      • Boston
      • Office:617.345.1212
      • mrlynch@nixonpeabody.com
      Matthew R. Lynch
    • Denise A. Pursley

      Partner
      • Long Island
      • Office:516.832.7542
      • dpursley@nixonpeabody.com
      Denise A. Pursley
    • Richard J. Shore

      Counsel
      • New York
      • Office:212.940.3050
        Mobile:917.435.7997
      • rshore@nixonpeabody.com
      Richard J. Shore
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