A Massachusetts Superior Court judge rejected a commercial tenant’s claim for more than $7 million based on alleged interference in a build out of a Domino’s Pizza franchise location.
Following a bench trial in the court’s Business Litigation Session, Judge Karen Green found that the building’s landlord, represented by Tyler Chapman and Christian Kiely, acted within its rights under the commercial lease in participating in various aspects of the build out. The judge ruled in part that the tenant failed to prove that the landlord’s actions in any way caused Domino’s to terminate a development agreement with the tenant.
The judge also found that the tenant failed to show it was entitled to rent abatements of over $200,000 based on the actions of the landlord, and she also denied the tenant’s Chapter 93A claim.
Prior to the build out, the landlord and tenant engaged in lengthy negotiations over the lease terms, which ultimately afforded significant rights for the landlord to participate in the renovation, including approval of contractors and certain projects.
The family-owned commercial building in Mattapan was built in the 1950s and has housed over the years an Italian restaurant, Chinese restaurant, and Dunkin’ Donuts franchise.
A partner at the firm, Mr. Chapman concentrates his practice on commercial and real estate-related litigation. Mr. Kiely concentrates on business litigation, representing companies and individuals in a wide range of disputes.