Home MEGHAN McNAMARA and JOSHUA WERNIG v. SUSAN FERRAZ.

MISC 15-00048

August 19, 2015

Suffolk, ss.

SPEICHER, J.

JUDGMENT

This action, seeking declaratory and injunctive relief, came on to be heard by the court (Speicher, J.) on the plaintiffs’ motion for summary judgment. In a decision of even date, the court has made rulings of law and ordered the entry of summary judgment. In accordance with the court’s decision, it is

ORDERED and ADJUDGED that the motion for summary judgment of the plaintiffs Meghan McNamara and Joshua Wernig is ALLOWED, and it is further

ORDERED, ADJUDGED and DECLARED that the plaintiffs, as the owners of Unit 1E in The Hadley Street Condominium, pursuant to the master deed recorded with the Suffolk County Registry of Deeds in Book 47759, Page 292, have the exclusive right to use the patio and parking spaces appurtenant to Unit 1E, and that the defendant Susan Ferraz, as owner of Unit 1A or otherwise, does not have any right to access, travel across or otherwise use the said patio and parking spaces appurtenant to Unit 1E; nor does Susan Ferraz, as owner of Unit 1A or otherwise, have any right to access, travel across, or otherwise use, the common site utility area adjacent to the parking spaces and patio appurtenant to Unit 1E, and it is further

ORDERED that the defendant Susan Ferraz, and her family members, agents, invitees, representatives, employees, contractors, and others acting in concert with her or otherwise having actual knowledge of this Order, are hereby PERMANENTLY ENJOINED and RESTRAINED from:

(1) Traveling on, crossing, occupying, or otherwise using the patio or parking spaces reserved to and adjacent and appurtenant to Unit 1E at The Hadley Street Condominium, or the common site utility area adjacent to said patio and parking spaces; and from

(2) Ingress to or egress from the garage at The Hadley Street Condominium, or any other Condominium property, through the gate to Crescent Street, which gate is adjacent to the staircase and patio appurtenant to Unit 1E; and it is further

ORDERED that no costs, fees, damages or other amounts are awarded to any party.