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NICHOLAS FAMILY RESTAURANT, INC. v. MITRY

2005 Mass. App. Div. 53 (2005)

Nicholas Family Restaurant, Inc. v. William Mitry.

Massachusetts Appellate Division, Northern District.

May 2, 2005.

Attorney(s) appearing for the Case

David J. Office for the plaintiff.

Saher J. Macarius for the defendant.

Present: Merrick, P.J., Coven & Greco, JJ.

Coven, J.

Judgment for possession in this summary process action was entered upon an agreed statement of facts for the lessor, Nicholas Family Restaurant, Inc. ("Nicholas"). The tenant, William Mitry ("Mitry"), filed this Dist./Mun. Cts. R.A. D.A., Rule 8A, expedited appeal.

A case submitted to a trial judge upon the parties' agreed statement of facts is a case stated, and it is the duty of the trial judge to make a correct ruling upon the agreed facts.

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