Legal Opinion

La Stanza Diva Ristorante, Inc. v. Bank Three Realty Trust

Massachusetts District Court, Appellate Division

Decided May 24, 2013Published

1Opinion of the CourtCoven, J.

The plaintiff is the former tenant of the defendants under a written lease for commercial property used by the plaintiff for a restaurant. The plaintiff brought this action for deceit, fraud, and breach of contract. The defendants were defaulted and damages were assessed in the amount of $35,000.00. Attorney’s fees in the amount of $5,400.00 were also awarded. The defendants have appealed under Dist./Mun. Cts. R. A. D. A., Rule 8C, arguing that: (1) the default judgment was improperly entered and the defendants’ motion to vacate the default judgment was improperly denied, (2) damages were not…

2Cases cited7 opinions

  1. Burger Chef Systems, Inc. v. Servfast of Brockton, Inc.Massachusetts Supreme Judicial Court · 1984
  2. Zoning Board of Appeals of Greenfield v. Housing Appeals CommitteeMassachusetts Appeals Court · 1983
  3. Carlson v. SilviaMassachusetts District Court, Appellate Division · 2002
  4. Oakwood Living Centers, Inc. v. SaquetMassachusetts District Court, Appellate Division · 2003
  5. Consumer Product Distributors, Inc. v. Toy Town Pit Stop, Inc.Massachusetts District Court, Appellate Division · 2011

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