South Boston Elderly Residences, Inc. v. Moynahan

Following the entry of judgment in a summary process action in the Boston Division of the Housing Court Department, the defendant tenant, Gerald Moynahan, filed a notice of appeal from the judgment. More than one year later, the plaintiff landlord, South Boston Elderly Residences, Inc. (SBER), moved to dismiss the appeal, citing Moynahan’s delay in filing the trial transcript with the court. The motion was allowed, and this appeal followed. We reverse.

1. Procedural background. On October 28, 2013, Moynahan’s notice of appeal relating to the underlying judgment was filed with the court. On…