(Un)Happy Feet

Gautam and Shweta Daftary leased office space for their dental practice from the Henry S. ¬†Miller real estate firm (“HSM”). ¬†Among other disputes with HSM, the Dafatarys argued that they were constructively evicted from their office space when a excessively loud dance studio moved into the the office next door. Although HSM contended that the Dafatarys took too long to leave the premises to support a constructive eviction claim, the Court of Appeals upheld the jury’s finding that 13 months is a reasonable amount of time to expect a dental practice to move offices.

Daftary v. Prestonwood Markey Square