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FIRST REPUBLIC CORPORATION OF AMERICA v. BAYBANK

424 Mass. 704 (1997)

FIRST REPUBLIC CORPORATION OF AMERICA v. BAYBANK.

Supreme Judicial Court of Massachusetts, Middlesex.

April 10, 1997.

Attorney(s) appearing for the Case

Charles R. Bennett, Jr., for the defendant.

Kevin F. Moloney for the plaintiff.

Present: WILKINS, C.J., ABRAMS, LYNCH, O'CONNOR, & GREANEY, JJ.

ABRAMS, J.

At issue is whether a secured lender is liable for use and occupancy after the debtor defaults, leaving the collateral for the note (heavy equipment and machinery) in the landlord's premises. On cross motions for summary judgment, a judge of the Superior Court concluded that the secured creditor, the defendant, BayBank,1 should be held liable for the use and occupancy of the plaintiff's, First Republic Corporation of America...

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