Posts tagged "1014516"

Eresian v. Merrill Lynch Credit Corporation, et al. (Lawyers Weekly No. 10-145-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12006

EVELYN J. ERESIAN   vs.  MERRILL LYNCH CREDIT CORPORATION[1] & others.[2],[3]

September 12, 2016.

Supreme Judicial Court, Superintendence of inferior courts.

In the early 1990s, the petitioner, Evelyn J. Eresian, was the defendant in a summary process action in the Housing Court.  The Appeals Court affirmed a judgment against Eresian in that action in 1993, and this court subsequently denied Eresian’s application for further appellate review.  See Merrill Lynch Equity Mgt., Inc. v. Eresian, 34 Mass. App. Ct. 1125, .C., 416 Mass. 1104 (1993).  In the years since, Eresian has sought repeatedly, and unsuccessfully, to challenge the foreclosure that led to the summary process action.  This case represents the latest iteration of those efforts.  In 2015, Eresian filed a motion in the Appeals Court seeking to vacate that court’s 1993 decision.  The Appeals Court’s response, as noted on its docket, was that “[t]he case is closed as the rescript has issued to the trial court.  No action will be taken by the court on this or any future filing in this matter.”[4] read more

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Posted by Massachusetts Legal Resources - September 12, 2016 at 10:44 pm

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