Fafard v. Lincoln Pharmacy of Milford, Inc.

Ireland, J.,

We transferred this case here on our own motion to decide whether a counterclaim may be filed in a commercial summary process action, particularly given the adoption of the rule of mutually dependant covenants in commercial leases. See Wesson v. Leone Enters., Inc., 437 Mass. 708 (2002). Because we agree with the trial judge’s determination that a counterclaim *513is not a proper procedural device in a commercial summary process action, we affirm the judgment entered in the Superior Court.

I. Background.

We take our facts from the judge’s memorandum of decision supplemented by…