Marley v. Bank of New York
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The Supreme Judicial Court affirmed the decision of the single justice dismissing Petitioner's petition filed pursuant to Mass. Gen. Laws ch. 211, 3 challenging orders issued by the Land Court in connection with a servicemember proceeding under the Massachusetts Soldiers' and Sailors' Civil Relief Act (MSCRA), holding that the single justice properly dismissed the claims and defenses.
In addition to his challenge to the orders issued in connection with the MSCRA action Petitioner also asserted affirmative defenses to foreclosure of his property and claims against Respondents under various statutes, common law, and rules of professional conduct. A single justice dismissed the petition, including all requests for relief. The Supreme Court affirmed, holding (1) Petitioner did not establish a substantial claim that the Land Court violated his substantial rights in connection with the servicemember proceeding; and (2) with respect to the other claims and affirmative defenses, Petitioner failed to demonstrate the absence of adequate alternative remedies.
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