RUSSELL v. RIBEIRO


2006 Mass. App. Div. 111 (2006)

Helen R. Russell v. Salvador Ribeiro

Massachusetts Appellate Division, Southern District.

July 19, 2006.


Attorney(s) appearing for the Case

Nancy Maule-McNally for the plaintiff.

Stephen R. Wainwright for the defendant.

Present: Williams, P.J., Welsh & Barrett, JJ.


Welsh, J.

Plaintiff Helen R. Russell ("Landlord") brought this summary process action to recover possession from defendant Salvador Ribeiro ("Tenant"), alleging that he wrongfully held over and remained in possession of the demised premises, a restaurant in Norton called "O Nosso Casa." The Tenant denies that he wrongfully remains in possession, claiming that he validly exercised an option to purchase contained in the lease.

The trial judge conducted an extensive...

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