McELLIGOTT v. LUKES

No. 95-P-658.

42 Mass. App. Ct. 61 (1997)

JAMES G. McELLIGOTT & another v. RUSSELL A. LUKES.

Court of Appeals of Massachusetts, Suffolk.

January 22, 1997.


Attorney(s) appearing for the Case

Marc S. Seigle for the defendant on appeal.

Harvey S. Shapiro for the plaintiffs.

Present: KASS, JACOBS, & FLANNERY, JJ.


JACOBS, J.

Soon after purchasing a residential condominium in Boston in October, 1988, the plaintiffs discovered that the free-standing garage adjacent to the building housing their unit was being advertised for rent by a bank. The bank claimed to be a successor lessee under a ninety-nine year lease written in 1980. By the time the plaintiffs filed an action in the Housing Court in July, 1989, seeking a declaration that they are entitled to use and occupy the garage...

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