Shahidi v. Michael

This is a voluntary report of an interlocutory ruling denying the defendants’ motion for partial summary judgment. G.L.c. 231, §108; Dist./Mun. Cts. R *153A. D. A., Rule 5. The defendants contend that the plaintiffs claim for loss of future rent is barred by the doctrine of claim preclusion. The motion judge ruled otherwise, and elected to report that ruling to this Appellate Division. We conclude that the claim for loss of future rent is barred because it could have been litigated in an action between the same parties in the Superior Court.

Plaintiff Masoud Shahidi (“Shahidi”) owns a commercial…