CIAO, LLC v. DONATO F. PIZZUTI, Individually and as Trustee of the PF North End Realty Trust; RABIA'S INC.; FRANK GIUFFRE; and LORETTA H. GUIFFRE.

Plaintiff Ciao, LLC filed this action in November 2015. In its complaint, Ciao sought (a) a permanent injunction against defendant Donato F. Pizzuti, individually and in his capacity as Trustee of the PF North End Realty Trust ("Trustee Pizzuti"), "enjoining him from maintaining or erecting any bollard or bollards on North Hanover Court or otherwise placing thereon any structure that interferes with [Ciao's] rights" to an easement over North Hanover Court; and (b) a permanent injunction against defendants Rabia's, Inc. and Frank A. and Loretta H. Giuffre, enjoining them from "maintaining or erecting [any] fence on North Hanover Court or otherwise placing therein any structures that interfere with" Ciao's easement over North Hanover Court.

Ciao served all of the defendants. By letter docketed on December 4, 2015, Ciao informed the Court that it had heard that Frank A. Giuffre had died, leaving Loretta Giuffre as the sole owner of a property that Frank and Loretta had owned together at 73 Salem Street in Boston, Massachusetts. The Giuffres had leased some or all of 73 Salem Street to Rabia's, which operates a restaurant there. While Ms. Giuffre sent a letter to the Court in December 2015 that stated that she was the owner of 73 Salem Street, neither she nor Rabia's appeared in the case, and the Court (Scheier, J.) directed the entry of defaults against them in January 2016. On June 11, 2019, Ciao moved for entry of a default judgment against Frank and Loretta Giuffre and Rabia's. The Court GRANTS the motion with respect to Loretta Giuffre and Rabia's, but DISMISSES Ciao's claims against Frank Giuffre, on account of his death.

Trustee Pizzuti answered Ciao's complaint in December 2015. Ciao and Trustee filed cross-motions for summary judgment in 2018. After hearing, the Court (Vhay, J.) denied the parties' cross-motions in December 2018, but gave the parties leave to conduct additional discovery. The parties thereafter renewed their cross-motions for summary judgment, and the Court heard additional argument. After reviewing the parties' briefs and undisputed facts, and after hearing the arguments of counsel, for the reasons set forth in the Decision issued today, the Court GRANTS the Trustee's motion for summary judgment and DENIES Ciao's motion for summary judgment. Accordingly, the Court:

1. ORDERS, ADJUDGES, and DECREES that Ciao, LLC's claims against Donato F. Pizzuti, individually and as Trustee of the PF North End Realty Trust, are hereby DISMISSED;

2. ORDERS, ADJUDGES, and DECREES that Loretta H. Giuffre and Rabia's, Inc. are hereby ENJOINED from maintaining or erecting any structures, including fences and gates, in or on North Hanover Court in Boston, MA;

3. ORDERS Ciao, LLC to (a) serve a certified copy of this Judgment upon each of Loretta H. Giuffre and Rabia's, Inc. within 30 days of entry of this Judgment, and (b) promptly file with the Court proof of such service; and

4. ORDERS Donato F. Pizzuti to present, within 30 days of entry of this Judgment, for registration on Certificates of Title Nos. 111591 and 128878 in the Suffolk Registry District of the Land Court, a certified copy of the judgment in Lunetta v. Capco Realty, L.P., Land Court Misc. No. 108678.

SO ORDERED.