HODGE v. KLUG

No. 92-P-154.

33 Mass. App. Ct. 746 (1992)

604 N.E.2d 1329

NICHOLAS S. HODGE & another vs. WAYNE KLUG.

Appeals Court of Massachusetts, Middlesex.

December 28, 1992.


Attorney(s) appearing for the Case

Lee D. Goldstein (Jeffrey M. Feuer with him) for the defendant.

Daniel J. Lyne, II (Kara L. Thornton with him) for the plaintiffs

Charles Harak & Judith Liben, for Massachusetts Tenants Organization, amicus curiae, submitted a brief.

Present: BROWN, KASS, & IRELAND, JJ.


KASS, J.

Rather than coming to a "just, speedy, and inexpensive determination" of a summary process action (see Uniform Summary Process Rule 1 [1980]), this litigation, begun approximately two and one-half years ago, has been protracted and expensive and, thereby, a reproach to justice. The failure is not systemic but the consequence of an arrogant defendant abetted by overweening counsel. We affirm the judgment of possession and damages in favor of the plaintiff...

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