JonJame Realty Trust v. Ryan

Following a jury-waived trial of this summary process action, the judge rejected the claim of the plaintiff, JonJame Realty Trust (“JonJame”), for possession of the leased office suite and awarded possession to the tenant, Ryan Orthodontics, P.C. (“Ryan”), finding that Ryan’s lease breaches were not material. JonJame appealed, asserting that the trial judge’s consideration of the breaches under a “materiality” standard was improper because the lease contained a default clause, triggered when breaches are “significant,” even though not material. JonJame further argues that the failure to order…