Coven, J.
This is a Dist./Mun. Cts. R. A. D. A., Rule 8A, expedited appeal of the allowance of the defendant-tenant's Mass. R. Civ. P., Rule 12(b)(9), motion to dismiss the plaintiff's summary process complaint on the basis of the pendency of a prior action in the Land Court.
The record indicates that on June 23, 1986, Gilbert Companies, Inc. ("Gilbert") executed a commercial lease for a portion of a building at 2067 Massachusetts Avenue in Cambridge which...
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