NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us BANK OF AMERICA, N.A.
Ceferino S. ROSA (and three consolidated cases [FN1]). SJC-11330. Essex. Sept. 9, 2013. - Dec. 18, 2013.
Summary Process. Housing Court,
Summary process, Affirmative defense, Counterclaim and cross-claim.
Summary process, Housing Court, Equitable.
Uniform Summary Process Rules. Rules of Civil Procedure. Statute,
Construction. SUMMARY PROCESS. Complaints filed in the Northeast Division of the Housing Court Department, two on February 6, 2012, and one each on January 20, 2012, and April 2, 2012, respectively. Motions to strike and to dismiss affirmative defenses and counterclaims were heard by
David D. Kerman,
J. Proceedings for interlocutory review were heard in the Appeals Court by
Mary T. Sullivan,
J., and the cases were consolidated and reported by her to the Appeals Court. The Supreme Judicial Court granted an application for direct appellate review.
Phoebe N. Coddington,
of North Carolina (
Jennifer E. Greaney & Stephen C. Reilly
with her) for Bank of America, N.A., & another.
Thomas J. Santolucito
Rachel B. Meisterman
with him) for Federal Home Loan Mortgage Corporation.
Richard M.W. Bauer
Eloise P. Lawrence
with him) for Ceferino S. Rosa & others.
Marylyn E. Flores
David S. Flores
with her) for Gerard J. Cioffi.