Gold Star Homes, LLC v. Darbouze, et al. (Lawyers Weekly No. 11-049-16)
Housing Court properly allowed eviction summary process to proceed despite pending Land Court declaratory judgment action. MERS validly exercised power of sale as mortgagee.
Homes
Drummer Boy Homes Association, Inc. v. Britton, et al. (Lawyers Weekly No. 10-043-16)
Condominium association may file successive actions to establish multiple priority liens over first mortgage for unpaid common expenses spanning successive six-month periods.
Drummer Boy Homes Association, Inc. v. Britton, et al. (Lawyers Weekly No. 11-145-14)
Condominium association cannot establish multiple priority liens ahead of first mortgage by filing successive lawsuits; only one six-month priority lien allowed.
K.G.M. Custom Homes, Inc. v. Prosky, et al. (Lawyers Weekly No. 10-091-14)
Sellers' attorney's obstructive conduct at closing constituted actual breach of good faith covenant, allowing developer to elect liquidated damages remedy without amending complaint.