Cummins Realty Trust v. O'NeillAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the county court denying Petitioner's petition for relief under Mass. Gen. Laws ch. 211, 3 from an order of the housing court requiring him to make use and occupancy payments, holding that the single justice properly denied the petition.
Petitioner appealed from the entry of final judgment in favor of Respondent in a summary process action. A housing court judge granted Petitioner's motion to waive the appeal bond and ordered him to make monthly use and occupancy payments during the pendency of the appeal. Petitioner sought interlocutory review, and the single justice affirmed. Petitioner then brought the instant petition seeking a reduction in the monthly use and occupancy payments, without success. After the deadline passed for tendering the outstanding use and occupancy payments Petitioner filed a motion requesting an extension. The single justice denied the motion. The Supreme Judicial Court affirmed, holding that the single justice properly denied relief.