McElligott v. Lukes

Soon after purchasing a residential condominium in Boston in October, 1988, the plaintiffs discovered that the free-standing garage adjacent to the building housing their unit was being advertised for rent by a bank. The bank claimed to be a successor lessee under a ninety-nine year lease written in 1980. By the time the plaintiffs filed an action in the Housing Court in July, 1989, seeking a declaration that they are entitled to use and occupy the garage, the defendant *62had purchased the leasehold interest in the garage from an assignee of the bank. A December, 1994, judgment of the Housing…