CUMMINGS PROPERTIES, LLC v. CEPOINT NETWORKS, LLC

No. 10-P-189.

78 Mass. App. Ct. 287 (2010)

CUMMINGS PROPERTIES, LLC v. CEPOINT NETWORKS, LLC, & another.

Appeals Court of Massachusetts, Middlesex.

November 19, 2010.


Attorney(s) appearing for the Case

Joseph P. Mingolla for the plaintiff.

Present: KAFKER, GREEN, & WOLOHOJIAN, JJ.


KAFKER, J.

The issue presented is whether a guarantor, with no right to possession, is a proper defendant in a summary process action. The Appellate Division of the District Court Department affirmed a judgment that dismissed such a guarantor from a summary process proceeding. We affirm.

Background. The facts are undisputed. In September, 2008, plaintiff Cummings Properties, LLC (Cummings), as lessor, and defendant Cepoint Networks, LLC (Cepoint), executed...

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