Landlord and tenant – Summary process – Guarantor
Where a defendant guarantor was dismissed from a summary process action, the dismissal was proper given the guarantor’s lack of any right to possession of the premises.
View ArticleReal property – Summary process
Where the Appellate Division upheld an award of summary process to the plaintiff, the decision must be reversed and the case remanded for further proceedings in light of U.S. Bank Natl. Assoc. v....
View ArticleLandlord and tenant – Summary process – Unauthorized practice of law
Where a defendant tenant has challenged the enforceability of an agreement for judgment that he entered into with the plaintiff landlord in settlement of a summary process action, the challenge must be...
View ArticleMortgages – Foreclosure – Summary process
Where the defendant in a summary process action initiated by the plaintiff mortgagee following a foreclosure sale has set forth defenses and counterclaims, they are inapplicable to the this proceeding...
View ArticleMortgages – Foreclosure – Summary process
Where a defendant has moved to dismiss a summary process complaint, the dismissal motion must be denied because of material issues.
View ArticleMortgages – Foreclosure – Summary process
Where this court issued rulings in approximately 20 post-foreclosure summary process cases, those rulings must be reconsidered in light of an intervening decision by the Supreme Judicial Court.
View ArticleReal property – Summary process – Partition
Where a District Court judge ruled in favor of the plaintiff court-appointed commissioner in a partition case, the ruling must be vacated on the ground that the present case does not fall into any of...
View ArticleMortgages – Affirmative defenses – Summary process
Where a plaintiff bank moved to strike affirmative defenses asserted by defendant borrowers in a post-foreclosure summary process action in Housing Court, the defendants are not limited to challenging...
View ArticleAppeals – Time limit – Summary process
Where a plaintiff lender filed an appeal following entry of judgment for the defendant in a summary process action, the appeal must be dismissed as untimely. “Federal National Mortgage Association...
View ArticleCivil practice – Claim preclusion – Summary process
Where the plaintiff former owner of a condominium unit brought suit against the defendant that purchased the unit at a foreclosure sale, the plaintiff’s appeal from a judgment dismissing his complaint...
View ArticleLandlord and tenant – Summary process – Guarantor
Where a defendant guarantor was dismissed from a summary process action, the dismissal was proper given the guarantor’s lack of any right to possession of the premises.
View ArticleReal property – Summary process
Where the Appellate Division upheld an award of summary process to the plaintiff, the decision must be reversed and the case remanded for further proceedings in light of U.S. Bank Natl. Assoc. v....
View ArticleLandlord and tenant – Summary process – Unauthorized practice of law
Where a defendant tenant has challenged the enforceability of an agreement for judgment that he entered into with the plaintiff landlord in settlement of a summary process action, the challenge must be...
View ArticleMortgages – Foreclosure – Summary process
Where the defendant in a summary process action initiated by the plaintiff mortgagee following a foreclosure sale has set forth defenses and counterclaims, they are inapplicable to the this proceeding...
View ArticleMortgages – Foreclosure – Summary process
Where a defendant has moved to dismiss a summary process complaint, the dismissal motion must be denied because of material issues.
View ArticleMortgages – Foreclosure – Summary process
Where this court issued rulings in approximately 20 post-foreclosure summary process cases, those rulings must be reconsidered in light of an intervening decision by the Supreme Judicial Court.
View ArticleReal property – Summary process – Partition
Where a District Court judge ruled in favor of the plaintiff court-appointed commissioner in a partition case, the ruling must be vacated on the ground that the present case does not fall into any of...
View ArticleMortgages – Affirmative defenses – Summary process
Where a plaintiff bank moved to strike affirmative defenses asserted by defendant borrowers in a post-foreclosure summary process action in Housing Court, the defendants are not limited to challenging...
View ArticleAppeals – Time limit – Summary process
Where a plaintiff lender filed an appeal following entry of judgment for the defendant in a summary process action, the appeal must be dismissed as untimely. “Federal National Mortgage Association...
View ArticleCivil practice – Claim preclusion – Summary process
Where the plaintiff former owner of a condominium unit brought suit against the defendant that purchased the unit at a foreclosure sale, the plaintiff’s appeal from a judgment dismissing his complaint...
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