133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)

Citation: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Parent Document: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-02-14
Original Source: https://www.courtlistener.com/opinion/10333571/133-west-main-street-realty-ll... ↗

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[18] The Kimballs
have requested attorney's fees pursuant to c. 93A.  See Yorke Mgt. v. Castro, 406 Mass. 17, 20
(1989).  In the present case, where the
Kimballs have prevailed on their c. 93A claim and we are remanding only
for recalculation of damages, a partial award of fees is warranted.  See Northern Sec. Ins. Co. v. R.H. Realty
Trust, 78 Mass. App. Ct. 691, 698 (2011). 
Accordingly, pursuant to the procedure set forth in Fabre v. Walton, 441
Mass. 9, 10-11 (2004), the Kimballs may file an application for appellate
attorney's fees within fourteen days of this decision, along with supporting
documentation, after which the landlord shall have fourteen days within which
to respond.

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