RESULTS FROM SELECTED JURY VERDICTS, DECISIONS, AND

OTHER VICTORIES

BP Watertown Retail LLC, et al. v. Home Depot USA, Inc., et al. - Substantial dispute between commercial landlord and commercial tenant concerning tenant’s control of parking area, frustrating landlord’s development efforts. Following a hearing on summary judgment, client/plaintiff was granted a permanent injunction protecting against interference with its parking areas. The decision allowed for the owners of the Arsenal Mall to develop a significant number of commercial and residential units in Watertown.

Oscar Brookins and Kathryn Brookins v. Sebastian Mariscal Studio, et al. - Defended abutters’ appeal of developer’s zoning relief for a 44-unit housing development in Mission Hill. The abutters’ appeal was dismissed after three-day bench trial; Plaintiff’s appeal of judgment subsequently dismissed upon developer’s motion.

Martha’s Vineyard Savings Bank v. Pie in the Sky, Inc., et al. - Represented bakery in a dispute with neighboring bank over access for deliveries and pedestrian access.  Loss of access would have deprived the well-known Woods Hole business of its ability to operate fully. Secured a jury verdict for the bakery, finding an easement by prescription.

Giuseppina Del Viscovo v. Zia Maria Restaurant, Inc., et al. - Defense of restaurant owners in a wage and hour dispute that threatened to bankrupt the company. Secured a jury verdict for the defendants on all counts.

Name Withheld Due to Confidentiality Agreement - Closely held corporation dispute involving two partners in a dental practice against one another in a minority freeze out. Settlement resulted in a mid-six figure settlement, and the ability of client to open a dental practice down the street with no non-compete restrictions. 

Name Withheld Due to Confidentiality Agreement - Represented debtor in adversary action against a national law firm for malpractice damages concerning a title defect which caused the loss of a commercial building that housed debtor’s family businesses, resulting in a $730,000.00 settlement.

Artizan General Construction, Inc. v. Nine Zero Two Development LLC - Obtained an extremely rare dissolution of general contractor’s second inflated mechanic’s lien after demonstrating through the analysis of financial records and AIA Applications that the general contractor willfully and intentionally claimed more than they were owed, more than doubling the amount of the original mechanic’s lien.

Name Withheld Due to Confidentiality Agreement - Successful action against judgment debtors to reach and apply assets of multiple defendants in multiple states. Obtained $1,600,000.  Successor counsel to major top five Boston law firm.

Name Withheld Due to Confidentiality Agreement - Obtained full policy ($1,000,000.00) settlement against an architect who negligently surveyed parcel which resulted in construction delay of a client’s project.

Kevin Folan, et al. v. TLC School Transportation, Corp. - On the first day of trial, obtained settlement for a child with Autism Spectrum Disorder who was strangled by a seat belt.

Edward Doherty, et al. v. Board of Zoning Appeal for City of Cambridge, et al. - Represented developer/buyer of a property alleged to be subject to an affordable housing requirement; brought action against the zoning board to challenge the application of ordinance. Obtained a settlement with an agreement that the building was not subject to ordinance.

Bogan v. Distasio - Closely held corporation freeze out and misuse of funds, where one partner shut the other partner out of the business without the ability to earn a living and issued significant company funds for personal uses. After extensive discovery, the case ended with the offending partner filing bankruptcy and client was able to regain control over key corporate assets.

Ocean City Development, LLC v. Robert DeLeo, et al. - Represented developer in a suit for specific performance of a purchase and sale agreement and tortious interference. After closing arguments but before the case was sent to the jury, defendant agreed to a judgment for substantial monetary damages.

William Finsthwait, et al. v. Board of Appeal for City of Boston, et al. - Defense of developer’s multiple variances to build a multi-unit building in the North End of Boston. Obtained verdict for developer after a bench trial.

Nicholas Theodorou v. John DeFilippo, et al. - Commercial tenant sought specific performance of a right of first refusal to purchase property in a suit against the owner and client/developer. The property was key in the developer’s planned acquisition of multiple parcels. After trial in the Land Court, judgment entered for the defendants.

Gerard Cioffi v. Richard Leong - Represented commercial tenants in a suit against landlord for conversion of commercial equipment and lock out.  Following trial, jury returned judgment for monetary damages for tenants.

Whitehall v. Braintree Auto Brokers - Warranty claim against car dealer alleged to have rolled back odometer.  Dealership sued by firm specializing in federal warranty claims.  Following trial, jury returned a verdict for client/dealership.

Commonwealth of Massachusetts v. Lalaj - Secured a Not Guilty Verdict for a client/spouse alleged to have attacked his spouse with a large knife.  Case carried with it adverse immigration consequences that would have essentially deprived client from being in the same country as his minor son.

Steven Clayman, et al. v. Board of Appeal for City of Boston, et al. - Bench trial defense of zoning approvals for the installation of balconies in Back Bay.  Under the threat of a Required Finding, the plaintiff settled on terms favorable to client.

John Barrett, et al. v. Town of Braintree, et al. - Successful defense of zoning approvals by obtaining a summary dismissal of the Plaintiff’s Complaint during the height of pandemic-related courthouse closures, involving construction of six unit construction bays.

Name Withheld Due to Confidentiality Agreement - Obtained a $150,000 settlement against a national banking institution as a result of an employer’s sexual harassment of his administrative assistant.

City of Boston Licensing Board - Los Arrieros Restaurant, Inc. - In-depth analysis of M.G.L. c. 138 and the claim that restaurant/client was serving All Alcohol in violation of its Beer, Wine and Cordial License.  Secured decision that the restaurant was not in violation of M.G.L. c. 138 based upon the distillation process and/or sugar content of certain beverages.