Bishay v. Merrill Lynch Credit Corp.

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The Supreme Judicial Court affirmed the judgment of the county court denying Petitioners’ petition for relief under Mass. Gen. Laws ch. 211, 3, holding that Petitioners demonstrated no error of law or abuse of discretion in the denial of extraordinary relief.Petitioners were defendants in a summary process action commenced by a bank. The bank was awarded possession of the property after a trial. The Appellate Division affirmed. Thereafter, an execution issued on the judgment for possession. After moving unsuccessfully to vacate the execution, Petitioners filed a motion to stay or strike the execution. The Appellate Division denied the motion. Petitioners then filed the instant Mass. Gen. Laws ch. 211, 3 petition. A single justice of the Court denied the petition without a hearing. The Supreme Judicial Court affirmed, holding that Petitioners had, and to some extent pursued, an avenue for relief in the ordinary appellate process. View "Bishay v. Merrill Lynch Credit Corp." on Justia Law