BANK OF NEW YORK MELLON v. KING

SJC-12859.

485 Mass. 37 (2020)

BANK OF NEW YORK MELLON, trustee, v. ALTON KING, JR., & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 17, 2020.

Corrected July 3, 2020.

Amended July 31, 2020.


Attorney(s) appearing for the Case

Carl E. Fumarola ( Christine Kingston also present) for the plaintiff.

Lucas McArdle for the defendants.

The following submitted briefs for amici curiae:

Jeffrey B. Loeb & Nathaniel Donoghue for Jason Scaduto.

Jane Alexandra Sugarman & Richard M.W. Bauer for South Coastal Counties Legal Services, Inc., & others.

Deirdre Dundon, pro se.

Gale Lutz-Henrickson, pro se.

Ruth Adjartey, pro se.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.


After foreclosing on the property of the defendant, Alton King, Jr., the Bank of New York Mellon (bank), acting as a trustee, successfully obtained judgment in a summary process action against the defendant. The defendant appealed from the decision and moved to waive the appeal bond required under G. L. c. 239, § 5. The judge waived...

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