Culley v. Cato

Kathryn K. and Christian R Culley appeal from a judgment of a single justice of this court denying, without a hearing, their petition for extraordinary relief under G. L. c. 211, § 3. We affirm.

*1010Background. In 2006, the Culleys commenced an action in the Superior Court, alleging fraud, violation of G. L. c. 93A, and other claims arising from their purchase of a house which, they alleged, contained numerous undisclosed latent defects that rendered the house uninhabitable. A jury trial commenced on the Culleys’s claims other than their c. 93A claims, which were reserved for the judge. The jury…