McDOWELL v. VON THADEN


2006 Mass. App. Div. 148 (2006)

Peter L. McDowell v. Daniel M. von Thaden.

Massachusetts Appellate Division, Southern District.

September 26, 2006.


Attorney(s) appearing for the Case

Thomas J. Perrino for the plaintiff.

John P. McCormick for the defendant.

Present: Williams, P.J., Barrett, J.


Williams, P.J.

Following a jury trial on his claim for the breach of a restaurant lease, the landlord, Peter L. McDowell ("McDowell"), appealed on the grounds that the trial judge erred in excluding evidence of attorney's fees McDowell incurred for all aspects of his eviction of the successor tenant, and in denying McDowell's motion for a new trial based on that claimed error. The tenant, Daniel M. von Thaden ("von Thaden"), filed a cross appeal of both the denial...

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