Legal Opinion

McCarthy v. Massachusetts Gymnastics Center, Inc.

Massachusetts Superior Court

Decided October 17, 2000No. CV001388APublished

1Opinion of the CourtToomey, J.

Plaintiff Susan E. McCarthy, Trustee of 180 Turnpike Road Realty Trust (“McCarthy”) has brought suit claiming breach of a lease, breach of the covenant of good faith and fair dealing and violation of G.L.c. 93A (the Massachusetts Consumer Protection statute). This case now is before the court on defendants’ motion to dismiss McCarthy’s complaint and McCarthy’s motion for preliminary injunction. For the following reasons, defendants’ motion to dismiss is ALLOWED in part and McCarthy’s motion for preliminary injunction is DENIED.

BACKGROUND

McCarthy alleges the following pertinent facts in her…

2Cases cited9 opinions

  1. Nader v. CitronMassachusetts Supreme Judicial Court · 1977
  2. Packaging Industries Group, Inc. v. CheneyMassachusetts Supreme Judicial Court · 1980
  3. Eyal v. Helen Broadcasting Corp.Massachusetts Supreme Judicial Court · 1991
  4. Atkinson v. RosenthalMassachusetts Appeals Court · 1992
  5. Brum v. Town of DartmouthMassachusetts Appeals Court · 1998

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