Snow v. Fitian

Merrick, RJ.

This is a summary process action to recover possession of commercial premises and use and occupancy charges. Summary judgment was entered in favor of the plaintiff, and the defendant has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8A.

The parties’ Mass. R. Civ. R, Rule 56 affidavits and other materials indicate the following: The plaintiff-landlord, Eugene Snow, Trustee of Byco Realty Trust (“Landlord”) entered into a lease of retail space with the original tenant, Michael J. Cotton, Trustee of Deli Trust (“Cotton”) for a term of five years from March 1,1990 to February…