After nearly a decade of litigation, a complex business dispute involving a former Cambridge restaurant, represented by Brown Counsel, LLC has reached a $1.1 million settlement between the restaurant's owner and Harvard University. The case, which centered on a commercial lease for a restaurant space near Harvard Square, involved allegations that the university failed to adequately disclose the potential impact of major construction and street closures on the business. The matter underwent extensive litigation and a successful appeal before a resolution was reached between parties.
The dispute arose after Skip Sack and his company, Classic Restaurant Concepts, invested more than $2.6 million to open En Boca at 8 Holyoke Street in Cambridge. According to the lawsuit, the company entered into the lease without being adequately informed that major construction associated with Harvard's Smith Campus Center would result in the closure of the street for an extended period. The restaurant operated for only nine months before closing, with Sack estimating substantial operating losses and additional damages associated with the failed venture.
The litigation presented a number of complex and impactful issues involving commercial lease obligations, and the effects of a landlord's conduct on a tenant's ability to operate its business.
After a Superior Court judge initially ruled in Harvard's favor, the case was appealed. In 2024, the Massachusetts Appeals Court primarily sided with Sack and Classic, sending the matter back to the Superior Court for further proceedings. The successful appeal significantly changed the posture of the case and allowed the litigation to continue toward trial.
As the case moved forward, however, the Superior Court narrowed the issues that could be pursued. A provision in the lease stated that the tenant remained responsible for rent even in the event of a breach by the landlord, and the judge indicated that the provision would be enforced. As a result, even a successful outcome at trial would have resulted in a much more limited recovery. Against that backdrop, the parties eventually reached a settlement of more than $1 million, which provided a substantial resolution for the client while it avoided the uncertainty, expense, and risk of proceeding through trial.
The matter strongly illustrates the importance of experienced counsel in complex commercial litigation, particularly when disputes involve sophisticated contractual provisions, substantial financial losses, and large institutional counterparties. A successful appeal can fundamentally reorient the trajectory of a case, creating new opportunities for resolution even when the issues remaining for trial have been narrowed. The litigation ultimately resulted in a $1.1 million settlement for the client following years of hard-fought litigation and a successful appellate challenge.