Flushing Savings Bank v. Rutkousky

This is a Dist./Mun. Cts. R.AD.A, Rule 8A appeal by the plaintiff lender from the allowance of a motion for summary judgment in favor of the defendant pursuant to Mass. R. Civ. R, Rule 56(c). This appeal raises the issue of whether the trial court erred in ruling that the plaintiff was required to comply with the deficiency notice provisions contained in M.G.L.C. 244, §17B. We affirm the decision of the motion judge.

The material facts under which this action arose are not in dispute. The defendant, Gail A Rutkousky, purchased a condominium unit in Hudson, New Hampshire in January of 1987.…