LAWLESS-MAWHINNEY MOTORS, INC. v. MAWHINNEY


21 Mass. App. Ct. 738 (1986)

490 N.E.2d 475

LAWLESS-MAWHINNEY MOTORS, INC. vs. EVELYN G. MAWHINNEY, individually and as trustee.

Appeals Court of Massachusetts, Middlesex.

March 27, 1986.


Attorney(s) appearing for the Case

Roderick MacLeish, Jr. (James L. Bryant with him) for the defendant.

J. Owen Todd for the plaintiff.

Present: DREBEN, KAPLAN, & KASS, JJ.


KASS, J.

In anticipation of eviction proceedings from commercial space it occupied in Lexington, Lawless-Mawhinney Motors, Inc. (tenant), launched a preemptive action which sought declaratory and temporary injunctive relief, as well as damages under G.L.c. 93A, § 11. A judge of the Superior Court enjoined the defendant Evelyn Mawhinney (landlord) "from interfering with the [tenant's] use and occupation of the...

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