Japanese noodle chain looks to open outpost in Kenmore Square

TsuruTonTan, a Japanese chain that specializes in udon noodle dishes, is looking to open at the Hotel Commonwealth, 500 Commonwealth Ave. in Kenmore Square.

The restaurant goes before the Boston Licensing Board on July 25 for approval to buy the beer and wine license now held by Masona Grill in West Roxbury, which is closing this month.

The board's hearings begin at 10 a.m. in Room 809 in City Hall.

Logan beer place shut after water heater used for hand washing breaks; getting water from coffee urns not acceptable, city says

A Boston health inspector this week shut a Boston Beer Works outlet in Logan Airport's Terminal C after a water heater there broke, leaving workers without a proper way to wash their hands.

According to the inspector's report, a manager set up coffee urns to make the hot water workers would need for hand washing.

That was a no-no, the inspector wrote, adding a manager should have shut the place immediately after losing the hot water. Also, managers should have immediately alerted health inspectors - who found out about the problem through some other means.

And once the hot water is flowing again:

Sink in kitchen blocked by boxes and bags / Remove and ensure hand sinks are kept accessible at all times for proper hand washing. Temporary hand wash set up is also blocked by boxes and not accessible / Ensure all hand wash stations are kept free and clear.

Stepmother admits she beat Roxbury toddler to death

Maria Buie, 28, pleaded guilty to involuntary manslaughter today rather than face trial on charges she beat Kenai Whyte, 3, so badly that he died, the Suffolk County District Attorney's office reports.

Suffolk Superior Court Judge Douglas Wilkins sentenced her to 9 to 12 years in prison, the DA's office reports. She had been scheduled to go on trial next week for second-degree murder, which could have meant a sentence of life.

According to the DA's office:

Boston Police and Boston EMS responded to a 911 call from Buie’s Alpine Street residence on the night of Jan. 31, 2016, to find him injured and unresponsive. He died at Boston Medical Center on March 2. An autopsy revealed bruising, contusions, and scratches; the Office of the Chief Medical Examiner determined that his death was caused by “blunt impact and acceleration and deceleration of the head and neck.”

Had the case proceeded to trial, Assistant District Attorneys Craig Iannini and Brenna Flynn would have sought to prove that Buie was the only person who could have caused the injuries. Though there were no witnesses to the assault, any events leading up to it, or its aftermath, evidence suggests that the child had been healthy and free of injuries earlier that same day.

Police want to find man before he masturbates on the Orange Line again

Transit Police have released photos of a man they say masturbated in full view of children and other Orange Line riders all the way from Downtown Crossing to Forest Hills last Friday, shortly before noon.

If he looks familiar, contact detectives at 617-222-1050 or send an anonymous text tip to 873873.

West Roxbury dentist wants Yelp to extract bad review

A West Roxbury dentist charges that Yelp not only refused to remove what he said was a malicious post about his pracitice, it changed the post's status from "unreliable" to "reliable" when he refused to buy ads on the site.

Yelp counters it doesn't matter if the review is actually true or not because Yelp is protected by a federal law that holds online networks harmless for what their users write. And because Dr. Arian DiNapoli created his own Yelp account to answer the review, that means he agreed to Yelp terms of service, which require any legal actions to follow California law - which include an "anti-SLAPP" measure designed to make it hard to sue a somebody over public statements

DiNapoli originally filed his suit over what he calls Yelp's "extortionary" actions in state court, but Yelp, based in California, had it moved to federal court. At a hearing today, US District Court Judge F. Dennis Saylor took under advisement a request from the review site to dismiss the case based on the federal and California laws.

The review, which remained up today on the Yelp page for his Centre Street practice claims DiNapoli ruined the writer's teeth and charged her for unnecessary work. It is the only one-star review on a page of five-star posts about him.

DiNapoli says the author wrote the post in revenge when he refused to give her a receipt for tax purposes that showed what he would normally charge for the work, rather than the deeply discounted bill he actually gave her because he felt sorry for her because she was destitute but needed extensive dental work.

In his complaint, DiNapoli says somebody from Yelp tried to sell him advertising in 2016. He says he declined, a Yelp account executive e-mailed him seeking 20 minutes of his time to talk about Yelp, he declined again, then another Yelp employee called his office asking for 30 minutes of his time to "go over Yelp ads."

DiNapoli charges that after he declined yet another Yelp attempt to get him to buy ads, on Jan 26, 2017, the company changed its rating of the woman's one-star review from "unreliable" and "not recommended" to "reliable" and "recommended" - and made it the third review on his page, pushing down more favorable reviews of his work. He added the company continues to mark at least five of his five-star reviews as "unreliable" and "not recommended."

DiNapoli says he created a Yelp account only after he contacted Yelp and was told that was the only way he could get a specific person to talk to about doing something about the review.

"Most egregious of all," his complaint continues, the company continues to place ads from his competitors right next to the one-star review.

DiNapoli is asking Saylor to order Yelp to either put all the reviews on his page in chronological order - which would push the now three-year-old bad review way down or remove his page altogether and to pay him the $373,687.50 he estimates he's lost due to the review's effect on his business - as well as triple damages.

DiNapolis complaint (2.1M PDF).
Yelp's motion to dismiss (27k PDF).

Jacob Wirth pianist to tickle ivories outside at Faneuil Hall Marketplace until restaurant re-opens

Alex Goldstein forwards the news that Mel Stiller, who has long led Friday-night singalongs at Jacob Wirth, will be playing at Faneuil Hall Marketplace until the restaurant recovers from water damage from a June 10 fire a couple floors up.

Stiller will play on an outdoor piano near Durgin Park and J.J. Donovan's, between 5:30 and 7:30 p.m. on four straight Fridays, starting on July 20.

Second man charged for July 4th drive-by murder in Dorchester

Prosecutors today accused Travis Phillips, 27, of firing the shots that killed Deondra Lee in a drive-by at Brookford and Dacia streets in Dorchester on July 4th.

Michael Carleton of Mattapan was arrested Tuesday for Lee's murder. According to the Suffolk County District Attorney's office, Carleton drove the car from which Phillips fired.

According to the DA's office:

On the night of July 4, a public safety camera captured a vehicle, driven by a man later identified as Carleton, pull up to the area of Dacia and Brookford streets, where Lee and a group of individuals had gathered. As the vehicle passed the group, its passenger - who was dressed in white - opened fire on the group.

Lee was struck by the gunfire and died of his injuries at Boston Medical Center.

Boston Police located the vehicle used in the shooting a short time later in a Dudley Street parking lot near Phillips’ family home. Security camera footage from the area captured a man fitting Phillips’ description and wearing a white shirt and shorts exit the passenger’s side of the vehicle and enter the residence, prosecutors said. A fingerprint found on the handle of the vehicle’s front passenger’s side door - from where investigators believe the gunman fired - was matched to Phillips.

Innocent, etc.

Long suffering neighbors of flame-ravaged rathole in Dorchester might finally see some cleanup work over the next month

A court-appointed receiver for 97 Mt. Ida Rd. told a housing-court judge today that owner James Dickey has agreed to begin cleaning up the hundreds of cat-food cans, fallen tree limbs and other debris around the property over the next month.

But as with everything else dealing with the property - hit by a fire in 2011 - any cleanup hinges on the outcome of Dickey's latest court attempt to get ISD and his mortgage company to stop pestering him about the property.

On Thursday, Dickey filed an appeal of Stuart Schrier's appointment as receiver with the Supreme Judicial Court. His request to the state's highest court comes after the Massachusetts Appeals Court - the state's second-highest court - rejected his request and after a federal judge rejected his demand for an immediate order to stop the city and Schrier from doing anything about the three decker, which now sits boarded up and has become a gathering spot for the rats attracted by the cat food Dickey had been putting out for months.

Dickey has successfully avoided being forced to do anything about the property for years now by filing repeated lawsuits and appeals in state and federal court. He once tried to go all the way to the US Supreme Court, which declined to hear his case.

At a hearing this morning, Schrier said Dickey is now "starting to show serious interest" in cleaning up the property at least enough so that an inspector can get into the second and third floors to determine whether the building can be salvaged. At a hearing last month, Schrier said his guess, based on an inspection of just the first floor, seemed to show the building could be rehabbed, but that it was impossible to say for sure because the fire took out one set of stairs to the upper floors and debris blocked the second stairway.

Schrier said Dickey, a Sudbury resident, told him he could do much of the cleanup himself and that he would store the stuff to be carted away at a farm he owns.

Judge MaryLou Muirhead set a status hearing for Aug. 17. She gave Schrier authority to buy liability insurance to cover any work, should Dickey decline.

Dickey attended today's hearing, but Muirhead refused to let him speak, because the ISD action is technically against the LLC he set up to own the house, and non-lawyers are not allowed to represent corporations in court. Dickey has always filed all of his suits and appeals and motions himself.

Investor group buys buildings housing venerable dives in Cleveland Circle, Theater District, Beacon Hill

A group that includes apartment developers Fred Starikov and Steve Whalen of City Realty yesterday bought the buildings housing Mary Ann's on Beacon Street in Cleveland Circle, the Tam on Tremont Street in the Theater District and the Beacon Hill Pub on Charles Street.

Records on file at the Suffolk County Registry of Deeds, which John Keith found while rummaging around yesterday, show Starikov, Whalen and the other investors in a new company called Greater Boston Bar Co. bought the buildings from longtime local bar owner Barry Bornstein.

The group paid $1.51 million for Mary Ann's building, which BC students have flocked to for decades. The future of the bar had been in question since January, when owner Stanley Chaban died.

Greater Boston Bar Co. paid $1.6 million for the building that houses the Tam and $5.54 million for the building the Beacon Hill Pub is in.

Other investors in the company include Julius Sokol, William Gateman and Dana Rosenblatt.

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