GARFINKLE v. HURLEY


1997 Mass. App. Div. 74 (1997)

George Garfinkle v. J.J. Hurley, and others

Massachusetts Appellate Division, Southern District.

May 30, 1997.


Attorney(s) appearing for the Case

Matthew J. Sgambettera for the plaintiff.

Wayne H. Scott for the defendants.

Present: Aguiar, P.J., Belford & Minehan, JJ.


Minehan, J.

This appeal raises the issue of whether plaintiff was entitled to judgment against each defendant pursuant to Dist./Mun. Cts. R. Civ. P., Rule 56 (c) as a matter of law based upon the record before the motion judge.

We find no error.

This case originated on September 7, 1995, as a summary process action in the West Roxbury Court. The plaintiff sought to regain possession of the premises and to recover the rent then due and owing from the...

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