Legal Resources: Judicial Decisions

Obtained permanent, exclusive, easement against neighboring property.

Our clients’ driveway and garden areas encroached onto their neighbors’ land, leading to a contentious dispute. We filed an adverse possession and prescriptive easement action in the Land Court seeking to assert our clients’ rights to the disputed portions. We further recorded a Notice of Lis Pendens with the Registry of Deeds to encumber the neighbors’ property pending resolution of the matter. The neighbors filed a competing quiet title action in the Land Court seeking to obtain the court’s declaration that

Read More »

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Goldman & Pease, LLC successfully represented a Home Health Care Agency, who was retained by an elderly customer to provide 24/7 around the clock home health care services. The services were rendered by the Home Health Care Agency for approximately 4 months, leaving an unpaid principal balance due of over $84,000.00 which was not paid despite repeated demand. At the time of the commencement of the case, Goldman & Pease, LLC sought and obtained a trustee process bank account attachment against

Read More »

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Represented the purchaser of a home in Newton with significant construction and structural defects in claims against the seller of the home and the inspection company that conducted the inspection prior to the sale of the home. After moving into the home, the purchaser discovered extensive construction and structural defects present in the home’s foundation and addition, which were not disclosed by the seller or the inspection company in the final inspection report. Goldman & Pease drafted a seven-count complaint alleging

Read More »

Successful Motion to Reach & Apply Funds Held By Investment Company in Collection Action

Recouped significant outstanding balance for a home healthcare services provider by moving to reach and apply funds held by investment company on behalf of debtor. In this case, we filed a lawsuit for breach of contract and quantum meruit arising out of the debtor’s failure to pay for certain home healthcare services over the course of six weeks in 2015. We also brought a claim to reach and apply funds held by the investment company because we knew that the debtor

Read More »

Defended Corporate Executive Against Claims Of Wrongful Termination

Successfully defended high-level executive of multinational corporation from claims of detrimental reliance and wrongful termination based on personal relationship with former employee. Although the executive had no part in the former employee’s termination, the employee engaged in a pattern of harassing conduct via social media after their personal relationship ended, ultimately retaining counsel to issue a demand seeking damages from the executive. We swiftly issued a cease and desist letter based on the harassing conduct, and demanded that all evidence of

Read More »

Enforcement of Liquidated Damages Clause in Franchise Commercial Lease

Represented a franchisor in a case where a franchisee tenant defaulted in a lease that contained a liquidated damages clause, resulting in over $1 million owed to the landlord. In the commercial lease context, a liquidated damages clause may provide for an acceleration of future rents owed following the early termination of the lease. These so-called “rent acceleration clauses” are typically enforceable, provided two criteria are satisfied: (1) at the time of contracting the actual damages flowing from a breach were

Read More »

Trial win for Biohazard Removal Contractor against Landlord, where Contract was signed by Tenant

Prevailed at trial under a theory of quantum meruit for client emergency services and biohazard cleanup contractor against property owner/landlord. An overdose death had occurred on the property, and our client was called in to clean and rid the house of contaminants. Property owner was unavailable at the time of the emergency, and the work was authorized on the his behalf by an insolvent tenant. Landlord denied liability for payment and retained defense counsel. After our numerous attempts to negotiate settlement

Read More »

Unit Owner Violates Condominium’s Smoking Policy Resulting in Significant Fines and Ultimate Sale of Unit

Goldman & Pease represented Condominium Trustees in an action seeking to enforce the Condominium’s smoking policy against a unit owner whose smoking infiltrated the common areas of the Condominium, in violation of the Condominium’s smoking policy. We sent repeated written demand to the unit owner to cease smoking in the Condominium and advised the Trustees to levy fines for the unit owner’s continuing violation in accordance with the Condominium’s Rules and Regulations. However, when the unit owner refused to comply with

Read More »

Mechanic’s Lien and Judicial Order to Freeze Insurance Proceeds Yields Excellent Recovery for Emergency Contractor

Recovered excellent mediation settlement for home improvement contractor who performed significant emergency tear-down and removal work of home destroyed by fire. The home was under-insured and heavily encumbered by mortgages, putting client at substantial risk of receiving little to no payment. Upon receiving case, we immediately investigated title and filed a Mechanic’s Lien under M.G.L 254 with the Essex Registry of Deeds, to secure the debt and prevent a sale or transfer of the subject property. We conducted a thorough investigation,

Read More »

Breach of a Commercial Lease Agreement

Business Cards Overnight, Inc. doing business as Wholesale Printing Specialists v. Salvatore N. Lupoli and Nicholas A. Lupoli, Jr. As Trustees of The Riverwalk Realty Trust, II doing business a Riverwalk Partners, LLC and John S. Crowe, As Trustee of Riverwalk Realty Trust doing business as Riverwalk Development. Essex Superior Court, C.A. No. 2008-1867. This is an action for breach of a commercial lease in which G & P represented the Plaintiff/Tenant. The Plaintiff rented certain commercial space from the Defendant

Read More »

Obtained permanent, exclusive, easement against neighboring property.

Our clients’ driveway and garden areas encroached onto their neighbors’ land, leading to a contentious dispute. We filed an adverse possession and prescriptive easement action in the Land Court seeking to assert our clients’ rights to the disputed portions. We further recorded a Notice of Lis Pendens with the Registry of Deeds to encumber the neighbors’ property pending resolution of the matter. The neighbors filed a competing quiet title action in the Land Court seeking to obtain the court’s declaration that

Read More »

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Goldman & Pease, LLC successfully represented a Home Health Care Agency, who was retained by an elderly customer to provide 24/7 around the clock home health care services. The services were rendered by the Home Health Care Agency for approximately 4 months, leaving an unpaid principal balance due of over $84,000.00 which was not paid despite repeated demand. At the time of the commencement of the case, Goldman & Pease, LLC sought and obtained a trustee process bank account attachment against

Read More »

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Represented the purchaser of a home in Newton with significant construction and structural defects in claims against the seller of the home and the inspection company that conducted the inspection prior to the sale of the home. After moving into the home, the purchaser discovered extensive construction and structural defects present in the home’s foundation and addition, which were not disclosed by the seller or the inspection company in the final inspection report. Goldman & Pease drafted a seven-count complaint alleging

Read More »

Successful Motion to Reach & Apply Funds Held By Investment Company in Collection Action

Recouped significant outstanding balance for a home healthcare services provider by moving to reach and apply funds held by investment company on behalf of debtor. In this case, we filed a lawsuit for breach of contract and quantum meruit arising out of the debtor’s failure to pay for certain home healthcare services over the course of six weeks in 2015. We also brought a claim to reach and apply funds held by the investment company because we knew that the debtor

Read More »

Defended Corporate Executive Against Claims Of Wrongful Termination

Successfully defended high-level executive of multinational corporation from claims of detrimental reliance and wrongful termination based on personal relationship with former employee. Although the executive had no part in the former employee’s termination, the employee engaged in a pattern of harassing conduct via social media after their personal relationship ended, ultimately retaining counsel to issue a demand seeking damages from the executive. We swiftly issued a cease and desist letter based on the harassing conduct, and demanded that all evidence of

Read More »

Enforcement of Liquidated Damages Clause in Franchise Commercial Lease

Represented a franchisor in a case where a franchisee tenant defaulted in a lease that contained a liquidated damages clause, resulting in over $1 million owed to the landlord. In the commercial lease context, a liquidated damages clause may provide for an acceleration of future rents owed following the early termination of the lease. These so-called “rent acceleration clauses” are typically enforceable, provided two criteria are satisfied: (1) at the time of contracting the actual damages flowing from a breach were

Read More »

Trial win for Biohazard Removal Contractor against Landlord, where Contract was signed by Tenant

Prevailed at trial under a theory of quantum meruit for client emergency services and biohazard cleanup contractor against property owner/landlord. An overdose death had occurred on the property, and our client was called in to clean and rid the house of contaminants. Property owner was unavailable at the time of the emergency, and the work was authorized on the his behalf by an insolvent tenant. Landlord denied liability for payment and retained defense counsel. After our numerous attempts to negotiate settlement

Read More »

Unit Owner Violates Condominium’s Smoking Policy Resulting in Significant Fines and Ultimate Sale of Unit

Goldman & Pease represented Condominium Trustees in an action seeking to enforce the Condominium’s smoking policy against a unit owner whose smoking infiltrated the common areas of the Condominium, in violation of the Condominium’s smoking policy. We sent repeated written demand to the unit owner to cease smoking in the Condominium and advised the Trustees to levy fines for the unit owner’s continuing violation in accordance with the Condominium’s Rules and Regulations. However, when the unit owner refused to comply with

Read More »

Mechanic’s Lien and Judicial Order to Freeze Insurance Proceeds Yields Excellent Recovery for Emergency Contractor

Recovered excellent mediation settlement for home improvement contractor who performed significant emergency tear-down and removal work of home destroyed by fire. The home was under-insured and heavily encumbered by mortgages, putting client at substantial risk of receiving little to no payment. Upon receiving case, we immediately investigated title and filed a Mechanic’s Lien under M.G.L 254 with the Essex Registry of Deeds, to secure the debt and prevent a sale or transfer of the subject property. We conducted a thorough investigation,

Read More »

Breach of a Commercial Lease Agreement

Business Cards Overnight, Inc. doing business as Wholesale Printing Specialists v. Salvatore N. Lupoli and Nicholas A. Lupoli, Jr. As Trustees of The Riverwalk Realty Trust, II doing business a Riverwalk Partners, LLC and John S. Crowe, As Trustee of Riverwalk Realty Trust doing business as Riverwalk Development. Essex Superior Court, C.A. No. 2008-1867. This is an action for breach of a commercial lease in which G & P represented the Plaintiff/Tenant. The Plaintiff rented certain commercial space from the Defendant

Read More »
Top

Join Our Newsletter