HUBBARD HEALTH SYSTEMS REAL ESTATE, INC. v. MICHAEL FINAMORE, in his individual capacity and d/b/a FINAMORE MGT. CO. and d/b/a FINA MORTGAGE COMPANY.

Hubbard Health Systems Real Estate, Inc. (Hubbard) filed its Complaint in this action on September 22, 2015, naming as defendant Michael Finamore, in his individual capacity, doing business as Finamore MGT. Co., and doing business as Fina Mortgage Company (Finamore). The Complaint sought to try title under G. L. c. 240, §§ 1-5 (Count I) and a declaratory judgment under G. L. c. 231A, § 1-9 (Count II).

Hubbard and Finamore both claim ownership through their chains of title over a parcel of land denoted as Assessor’s Lot 36-B-2-0 in the Town of Webster Assessor’s Office, located in Webster, Massachusetts (the Disputed Property). The Disputed Property lies east of Interstate 395 at the southern-most part of Webster, at the Massachusetts–Connecticut state border. It is a portion of the land shown on a plan entitled “Plan of Land Owned By Hubbard Health Systems Real Estate, Inc. in Webster, Massachusetts and Thompson, Connecticut,” dated September 8, 2014 and recorded on September 15, 2014 in the Worcester District Registry of Deeds (Worcester Registry) at Plan Book 909, Plan 50 (2014 Plan). A copy of the 2014 Plan is attached as Exhibit A.

On October 23, 2015, Hubbard filed Plaintiff’s Motion for Summary Judgment. Finamore filed his Opposition to Hubbard’s Motion for Summary Judgment on December 2, 2015. The Motion for Summary Judgment was heard on December 21, 2015, and the matter was taken under advisement. In a Memorandum and Order of even date, the court has allowed Plaintiff’s Motion for Summary Judgment.

In accordance with the court’s Memorandum and Order of even date, it is

ORDERED, ADJUDGED and DECLARED that, on Count II of the Complaint, Hubbard is the record title owner of the property shown on the 2014 Plan, and Finamore has no interest in the property shown on the 2014 Plan. It is further

ORDERED AND ADJUDGED that Count I of the Complaint is DISMISSED without prejudice.

By the Court.

exhibit 1