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Where a defendant tenant was ordered to make interim use and occupancy payments to the plaintiff landlord, a single justice’s decision to strike the tenant’s notice of appeal should be vacated because the tenant has asserted at least a colorable claim that the Indigent Court Costs Law (G.L.c. 261, §§27A-27G) covers interim use and occupancy ....
Where a commercial landlord has filed a motion to amend its complaint, that motion should be allowed in part, as the veil-piercing theory asserted in the proposed first amended complaint is not futile as a matter of law. “The plaintiff landlord, 1000 Massachusetts Avenue MA, LLC (‘1000 Mass Ave’), commenced the present case in February ....
The plaintiffs leased a condo from the defendant in the above building. A burst pipe caused severe water damage to their unit. References to settlement negotiations in a landlord’s answer to a lawsuit by tenants alleging lease and Chapter 93A violations constituted grounds to strike his pleading, a Housing Court judge has ruled. Plaintiffs Jake ....
Where a judge denied a defendant’s motion to vacate a default judgment, that motion should have been allowed because of a lack of personal service. Reversed. “In general, the plaintiff bears the burden of establishing the validity of service of process. … A plaintiff’s submission of the return of service establishes prima facie evidence that ....
Where plaintiff tenants have filed a special motion to dismiss a counterclaim asserted by the defendant landlord, that motion should be allowed because the counterclaim is based on protected petitioning activity by the tenants. “… Here, Count II of [defendant Matthew J.] DiRoberto’s counterclaim seeks an injunction to prohibit Plaintiffs’ claims against him ‘in toto’ ....