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

September 22, 2021

Director of Media Relations
Nicholas Braude

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).

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