Davis Investment Corp. v. Thayer Associates, Inc.

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. R, Rule 12(b) (9), motion to dismiss the plaintiffs 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 budding at 2067 Massachusetts Avenue in Cambridge which was owned by Henderson Carriage Development Trust (“Henderson”). The lease provided that it would commence on July 1,1986, but in no event later than…