Cummings Properties, LLC v. Nardone Enterprises, Inc.

This is a Dist/Mun. Cts. R A D. A, Rule 8C, appeal by the defendants of the denial of their motion to vacate a summary process default judgment.

On September 27,1997, defendant-tenant Nardone Enterprises, Inc. executed a written lease with plaintiff-landlord Cummings Properties, LLC (“Cummings”) for commercial premises at 6J Gill Street in Woburn, Massachusetts. The lease was for a five year term ending October 14, 2004. Defendant Joseph Nardone (“Nar-done”) signed a personal guaranty of the lease.

Seven months into the lease term, Nardone notified Cummings by letter dated May 12,2000 that he…