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DiBELLA v. FIUMARA

No. 04-P-537.

63 Mass. App. Ct. 640 (2005)

FRANCIS M. DiBELLA, trustee, v. PETER J. FIUMARA.

Appeals Court of Massachusetts, Essex.

June 2, 2005.

Attorney(s) appearing for the Case

Richard J. Fallon for the defendant.

Mitchel S. Ross for the plaintiff.

Present: Berry, Dreben, & Doerfer, JJ.

DREBEN, J.

In this summary process action, a District Court judge sitting without a jury found that the plaintiff (lessor) was not entitled to possession as the breach of the lease by the defendant (lessee) was not material. The Appellate Division reversed and the defendant appeals, arguing that the judgment entered by the trial judge should be upheld. We reverse the order of the Appellate Division.

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