Opinion
No. 12–P–162.
2013-01-22
BANK OF NEW YORK, trustee, v. MEDWAY LUMBER & HOME SUPPLY, INC.
By the Court (CYPHER, BROWN & COHEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The plaintiff, Bank of New York (bank), as trustee of the assignee and current holder of a note secured by a mortgage granted by Earl and Elizabeth Berthiaume on property in Mendon, brought this equity action against the defendant Medway Lumber & Home Supply, Inc. (Medway), to establish that the bank's lien has priority over a competing lien held by Medway. After a bench trial, a judge of the Superior Court found that acts and omissions of Medway's principal, Peter Longobardi, were calculated to convey the impression that the mortgage held by Medway was discharged when, in fact, it was not, and that the Bank's predecessors reasonably relied to their prejudice upon Longobardi's acts and omissions when the predecessors made their loans. The judge therefore applied the doctrines of equitable estoppel and equitable subrogation to afford the bank's lien priority over that of Medway. In this appeal, Medway disputes the trial judge's characterizations of Longobardi's conduct, argues that the predecessor bank's reliance was not reasonable, and contends that nothing done by Medway resulted in prejudice to the banks. After review, we discern no error. The trial judge's findings are supported in the record, and his application of the law to the facts found is sound. Substantially for the reasons ably stated in the judge's thoughtful and thorough findings of fact, rulings of law, and order for judgment, we affirm.
Longobardi was a defendant below and named in the notice of appeal, but he did not file a brief in connection with this appeal.
See, e.g., Moran v. Gala, 66 Mass.App.Ct. 135, 140 n. 10 (2006).
See, e.g., East Boston Sav. Bank v. Ogan, 428 Mass. 327 (1998).
So ordered.