Usually, the right to make use of another’s land, such as for access, for parking, or for the installation and maintenance of a structure or utility line, is the result of a grant (either express or implied) by the owner to the person seeking such right. In the case of an express grant, the parties […]
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When there is a breach of certain types of contracts, the aggrieved party may seek the equitable remedy of specific performance, that is, a court order compelling the breaching party to undertake to perform or to complete performance of such party’s obligations under the contract. Specific performance is available whenever the subject matter of the […]
ByJocelyn J. Campbell Esq. It seems as if everyone wants to rent out their spare room for cash. If you have ever wondered whether you could legally rent out an extra room or your entire house on a short term basis, this article is for you. Recently we were asked by a client to assist […]
In a case of first impression, the Massachusetts Supreme Judicial Court expanded the rights of condominium associations to recover for damage for the negligent construction of common areas of a condominium development. The case is Wyman et al. v. Ayer Properties, LLC.
After nearly two years of litigation in a Civil Contempt action filed by the Office of the Attorney General (the “Commonwealth”), including nine days of trial in Suffolk Superior Court, the Honorable Linda E. Giles recently dismissed all claims against Rudolph Friedmann’s client. Jonathon Friedmann, Chair of the Litigation Department, assisted by Bobby Rudolph, represented […]
A recent decision by the US Bankruptcy Court has invalidated certain so-called “Homestead” protections in real estate that will likely affect many Massachusetts residents. First, a little background:
By Robert P. Rudolph, Esq. A Massachusetts court recently held that a broker was entitled to her broker’s fee despite the fact that no lease was consummated. In Ria K, McNamara. Inc. v. Forecast Shrewsbury Ltd. P’ship. 31 Mass.L.Rptr. 366 (Mass. Super. July 17, 2013), the Plaintiff Ria K. McNamara (“McNamara”) filed suit for payment […]
By Jocelyn Campbell, Esq. For those who own condominiums in Massachusetts and are fortunate enough to also have a balcony, this article is for you. Recently, the Massachusetts Appeals court decided Sano v. Tedesco, No. 12-P-746, August 28, 2013, a case where homeowners (non-balcony unit owners) brought suit against their condo association in an attempt […]
Not everyone can challenge the granting of zoning relief. Under the Zoning Act, MGL Chapter 40A, only a “ person aggrieved” by a zoning decision may appeal for judicial review of that decision. See MGL ch. 40A, §17. Such person who suffers some infringement of legal rights is said to have “ standing,” that is, […]
It has long been the law in Massachusetts that a corporation (or even an individual) can, under certain circumstances, be held liable for the debt of another corporation. This is commonly known as “piercing of the corporate veil.”
