Massachusetts District Court, Appellate Division January 28, 2004 (DiBella v. Fiumara)

Greco, J.

After a jury waived trial in this summary process action, the judge ruled that there was “no proper basis for termination ... of the lease” even though the lessee, defendant Peter Fiumara (“Fiumara”), had breached the lease. This is a Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal of that ruling by the lessor, DiBella Realty Trust (“DiBella”).