Pyramid Co. v. Oakwood Farms of Rochester, Inc.

This is an appeal from the denial of a motion for relief from judgement under Dist./ Mun. Cts. R. Civ. R. Civ. P., Rule 60(b)(1) or (6). Rule 60(b)(1) allows relief for “mistake, inadvertence, surprise or excusable neglect” and (6) for “any other reason justifying relief from the operation of the judgment.”

The original complaint alleged that the defendants failed to make payments on a lease dated June 21, 1979. The premises were in a shopping mall in Holyoke, Massachusetts. The complaint was filed on May 2, 1980 and an ex parte attachment was allowed the same day.

The defendants did not file…