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Court Case Record SBSUNHINE REALTY, LLC vs. CHARLES GILLIS 2012-J-0426 UID(6b48)


SBSUNHINE REALTY, LLC vs. CHARLES GILLIS Court Case Record

Court Case Number: 2012-J-0426


 
Case Number2012-J-0426
Case TitleSBSUNHINE REALTY, LLC vs. CHARLES GILLIS
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Phone
Field Date11/16/2012
Close Date11/27/2012

Parties

CounselNameType
Richard L. Vitali, EsquireSBSunhine Realty, LLCPlaintiff/Respondent
Martin I. Flax, EsquireCharles GillisDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
11/16/2012 #1 Appeal entered pursuant to M.G.L.c. 261, § 27(D) & c.261 §27D with attachments. ^
11/19/2012 #2 Paper notice to counsel for hearing before Kafker, J. on 11/27/12 @ 9:30 A.M., in Courtroom 4.
11/27/2012 #3 Hearing held.
11/27/2012 #4 Appearance of Attorney Richard L. Vitali for SBSunhine Realty, LLC.
11/27/2012 Appearance of Attorney Martin I. Flax for Charles Gillis.
11/27/2012 ORDER: In a carefully considered summary process appeal bond order, the Housing Court waived the appeal bond but ordered the defendant to make periodic payments of $3,500 for the monthly use and occupancy of the premises pending appeal. The defendant seeks review of that part of the order requiring a monthly payment of $3,500 pending appeal. The defendant submitted no admissible evidence of a fair and reasonable amount for rent in opposition to the plaintiff's motion for summary judgment in the underlying summary process action. The plaintiff had submitted an affidavit from Emanuel Liatsos, a member of the plaintiff, supporting the $3,500 figure. The only submission from the defendant is an Internet printout of a Zillow "Zestimate" for $2,721 per month that was attached to an affidavit in support of a motion to alter or amend the judgment. Based on the record before me, and after a hearing at which both parties appeared, I find the $3,500 periodic payment properly supported, and the $2,700 figure to be without adequate reliability. Accordingly, the order of the Housing Court ordering the defendant to make periodic payments of $3,500 for the monthly use and occupancy of the premises pending appeal is hereby affirmed. (Kafker, J.) . *Notice/Attest/Winik, J.