JEAN BROGNA v. METRO CREDIT UNION

Plaintiff, Jean Brogna commenced this action on April 22, 2008, seeking to remove a cloud on title, pursuant to G.L. c. 240, § 6-10, created by a writ of execution levied by defendant, Metro Credit Union, on a parcel of her real property, known as and numbered 34 Lane Avenue in Weymouth.

On May 11, 2009, plaintiff filed a Motion for Summary Judgment. Defendant opposed the motion and filed a Cross-Motion for Summary Judgment on June 10, 2009. On July 3, 2009, plaintiff filed an opposition to the defendant’s cross-motion and the Affidavit of Joel A. Stein in support. On July 10, 2009, defendant filed a Motion to Strike the Affidavit of Joel A. Stein and Motion to Strike Portions of the Plaintiff’s Opposition. The motions were argued before the Court on July 15, 2009, and taken under advisement.

After careful consideration of all of the evidence, the Court issued a Decision today, ruling that the defendant’s writ of execution is not void or ineffective.

In accordance with that Decision, it is hereby:

ADJUDGED and ORDERED that the plaintiff’s Motion for Summary Judgment is DENIED;

ADJUDGED and ORDERED that the defendant’s Cross-Motion for Summary Judgment is ALLOWED; and it is further

ADJUDGED and ORDERED that the Complaint be, and is hereby DISMISSED.

By the Court (Trombly, J.).

Attest:

Deborah J. Patterson

Recorder

Dated: July 24, 2009