BUSALACCHI v. McCABE

No. 06-P-1334.

71 Mass. App. Ct. 493 (2008)

FRANCESCA BUSALACCHI & others, trustees, v. WAYNE T. MCCABE & another.

Appeals Court of Massachusetts, Suffolk.

April 2, 2008.


Attorney(s) appearing for the Case

Anthony S. Summers for the plaintiffs.

Edward E. Veara for the defendants.

Present: DUFFLY, COHEN, & TRAINOR, JJ.


TRAINOR, J.

This appeal arises from a dispute between trustees of the Ocean Breeze Condominium (condominium) in North Truro and Wayne T. and Carol A. McCabe (McCabes), owners of an adjacent property, concerning a disputed four-foot wide right of way that is claimed to burden the condominium common area. No dispute existed as to the material facts, and at the court's urging, the parties filed cross motions for summary...

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