National Lumber Co. v. Epstein

Plaintiff National Lumber Company (“National”) commenced this action to enforce a “mechanic’s” lien pursuant to G.L.c. 254, §4 on lands and buildings owned by defendants Lawrence and Elizabeth Epstein (the “Epsteins”). After trial, judgment was entered for National on both its complaint and the Epsteins’ counterclaims.2 The Epsteins have appealed pursuant to Dist/Mun. Cts. RAD.A, Rule 8C.

The salient facts are not in dispute. In June of 1994, the Epsteins purchased a parcel of land (Lot 15D) at 397 Woodward Street, Newton, Massachusetts from Mario DiBona (“DiBona”), Trustee of S & M Realty…