Easton Mobile Homes, Inc. v. Curtis

The plaintiff brought an action of summary process in a District Court. See G. L. c. 239, § 1. Judgment for possession was entered for the plaintiff, from which the defendant claimed an appeal to the Superior Court. A District Court judge, sitting under statutory authority, denied the plaintiff’s motion for summary judgment based on the defendant’s failure to comply with G. L. c. 239, § 5, as appearing in St. 1977, c. 655, § 1. Compare Brockton Redevelopment Authy. v. Gilbride, ante 836 (1980). The judge found for the defendant, and the plaintiff is now appealing from the ensuing judgment for…