SUBWAY REAL ESTATE CORPORATION v. MARINELLO


1999 Mass. App. Div. 180 (1999)

Subway Real Estate Corporation v. Robert C. Marinello, and another

Massachusetts Appellate Division, Northern District.

July 27, 1999.


Attorney(s) appearing for the Case

Gregory C. Demakis for the plaintiff.

No brief filed for the defendants.

Present: Coven, Greco & Wright, JJ.


Greco, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8A appeal by the plaintiff of the entry of judgment for the defendant-tenants on the plaintiff's summary process complaint for possession of commercial premises and unpaid rent.

The Rule 8A summary of "undisputed facts" describes a somewhat complicated arrangement between the parties for the operation of a sandwich shop on the premises in question. After subletting the premises from a third party, the plaintiff...

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