Fletcher Tilton Ligitation Team Secures Injunction Against Commercial Landlord to Prevent Violation of Non-Complete

For Immediate Release

Fletcher Tilton Litigation Team Secures Injunction Against Commercial Landlord To Prevent Violation Of Non-Compete

[April 12, 2023] Fletcher Tilton litigation attorneys, Adam Ponte and Nisha Koshy, secured a preliminary injunction against a landlord in the MetroWest to prevent violation of a non-compete agreement contained within a commercial lease. The firm’s client, a regional dental practice, had executed a lease agreement with landlord to rent and improve space in a mid-sized commercial office property.  As part of lease negotiations, the dental practice asserted that the parties had agreed to a non-competition agreement within the lease, prohibiting the landlord from leasing other nearby commercial properties to any competing dental practices.  As consideration for this provision, the plaintiff dental practice alleged that it had invested millions of dollars into the subject property and therefore required a long-term lease with assurances that no competing dentists would be able to operate within close proximity.  Years into the lease arrangement, and after practicing for many years from the subject location, the dental practice learned that a new dentist would be opening a facility in a nearby building, owned by an affiliate of the defendant landlord.  The firm commenced litigation in the Worcester Superior Court, which included a motion for preliminary injunction, seeking to prevent the landlord from engaging in a lease with the competing dentist due to the terms of the non-competition agreement.  The plaintiff dental practice asserted that if the new dentist would be permitted to operate in close proximity, in a building owned by landlord, the plaintiff’s business would be severely and irreparably harmed and certainly the non-compete agreement would become non-existent. The Court agreed with the plaintiff dental practice and issued a written decision, ordering that the defendant landlord is immediately enjoined and prohibited from leasing to “any dental practice any property” located in the subject town which is owned by the landlord.

Case Caption: T.O.C. Management LLC d/b/a New England Dental Group v. Deerfoot, LLC and Capital Group Properties et al, Worcester Superior Court, C.A. No. 2385-00162.