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FORT POINT INVESTMENTS, LLC v. KIRUNGE-SMITH

No. 22-P-1185.

103 Mass. App. Ct. 758 (2024)

FORT POINT INVESTMENTS, LLC v. HOPE KIRUNGE-SMITH & another.

Appeals Court of Massachusetts, Middlesex.

March 4, 2024.

Attorney(s) appearing for the Case

Alexander H. Loomis for the defendants.

Eleftherios S. Papadopoulos for the plaintiff.

Mark Martinez, for Massachusetts Law Reform Institute, amicus curiae, submitted a brief.

Joel Feldman, for Heisler & Feldman, P.C., amicus curiae, submitted a brief.

Present: Wolohojian, Desmond, & Sacks, JJ.

The defendants in this procedurally tangled summary process case appeal from a Housing Court judge's order (1) denying their motion for relief from the default judgment entered against them and (2) declining to recall a second execution for possession that was issued after the landlord returned the first execution unused. We affirm the...

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