Preview
Date Filed 11/28/2023 12:09 PM
Superior Court - Bristol
Docket Number 2373CV00479
COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT
BRISTOL, ss.
FTOL,SS SUPERIOR COURT
TRIBORO PROPERTY HOLDINGS, 1c > FILED
Plaintiff Docket No. 2373CV00479
Vv. NOV 28 2023
27-39 SOUTH MAIN ST., LLC., JENNIFER A. SULLIVAN, ESQ.
Defendant CLERK / MAGISTRATE
MOTION TO AMEND
Now comes the Plaintiff, and in accordance with Mass.R.Civ.P. 15 moves to amend its
Complaint in the form attached hereto. The Plaintiff seeks to add an additional count for private
nuisance.
Plaintiff
By its attorney,
/s/ Vicki J. Bejm:
Vicki J. Bejma (BBO# 653699)
Robinson & Clapham
123 Dyer Street, Suite 135
Providence, RI 02903
(401) 331-6565
(fax) 331-7888
vbejma@smrobinsonlaw.com
CERTIFICATE OF SERVICE
I, Vicki J. Bejma hereby certify that on this 28" day of November, 2023 , a true
copy of the foregoing document was filed and served via the court’s electronic filing
system to all parties registered thereon and is available for viewing and/or
downloading from the Electronic Filing System.
4s/ Vicki J. Bejma
Date Filed 11/28/2023 12:09 PM
Superior Court - Bristol
Docket Number 2373CV00479
COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT
BRISTOL, ss.
TRIBORO PROPERTY HOLDINGS, LCC,
Plaintiff Docket No. 2373CV00479
Vv.
27-39 SOUTH MAIN ST., LLC.,
Defendant
AMENDED COMPLAINT
COUNT I - TRESPASS
1 Plaintiff Triboro Property Holdings, LLC is a limited liability company duly
organized under the laws of the State of Delaware, with a principal business office in Illinois.
2, Defendant 27-39 South Main St LLC is a limited liability company duly organized
under the laws of the Commonwealth of Massachusetts, with a principal business office in
Massachusetts.
3 Plaintiff is the record owner of the property located at 41 South Main Street in
Attleboro, Massachusetts, and is in possession of same.
4 Defendant is the record owner of the property located at 27-39 South Main Street in
Attleboro, Massachusetts, directly next door to Plaintiff's property at 41 South Main Street.
5 Said 41 South Main Street property is a parking lot.
6 The portion of the 41 South Main Street property abutting on Defendant’s property
contains a 10’ right-of-way easement of access for the benefit of the Defendant.
7 Since April, 2022, Defendant has been conducting demotion of one building and
construction of a new building on its property at 27-39 South Main Street.
8 Since that time, Defendant has repeatedly entered upon Plaintiffs 41 South Main
Street property, and continues to enter upon Plaintiff's property without license, lawful authority or
Plaintiffs permission.
9 Said entries include, but are not limited to: causing construction equipment to be
parked on the Plaintiff's 41 South Main Street property; rendering parking spaces unusable due to
the presence of construction equipment, debris, and associated items; blocking the right-of-way
and/or otherwise rendering the right-of-way unusable due to the presence of construction
1
Date Filed 11/28/2023 12:09 PM
‘Superior Court - Bristol
Docket Number 2373CV00479
equipment, debris, and associated items; and damaging the right-of-way in order to install new
drainage.
10. Plaintiff has protested the encroachments to no avail.
COUNT II - NEGLIGENCE
11. Plaintiff reiterates all allegations contained in the paragraph above as if fully
restated herein.
12. Defendant had a duty to the Plaintiff to refrain from causing damage to the right-of-
way and Plaintiff's other property.
13. Defendant has breached that duty of care to refrain from causing damage to the right-
of-way and Plaintiffs other property.
14. As a proximate cause of Defendant’s breach of its duty of care, Plaintiff has suffered
damage.
COUNT Ill — NUISANCE
15. Plaintiff reiterates all allegations contained in the paragraph above as if fully restated
herein.
16. The Defendant’s actions created a condition and/or permitted a condition to exist
that was an_unreasonable interference with Plaintiff's free use and enjoyment of its property.
17. As_a proximate cause of Defendant’s unlawful actions, Plaintiff has suffered
damage.
WHEREFORE, the Plaintiff demands:
1 That a restraining order issue restraining the Defendant, and any party acting in concert
with Defendant, from trespassing on Plaintiff's property and or creating a nuisance.
That a temporary injunction issue restraining the Defendant, and any party acting in
concert with Defendant, from trespassing on Plaintiff's property and_or creating
nuisance.
That permanent injunction issue restraining the Defendant, and any party acting in
concert with Defendant, from trespassing on Plaintiff's property and or creating
nuisance.
That Plaintiff be awarded judgment against the Defendant for damages, interest,
2
Date Filed 11/28/2023 12:09 PM
‘Superior Court - Bristol
Docket Number 2373CV00479
attorney’s fees and costs; and
5. Any other relief that this Court deems appropriate.
PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES AND CLAIMS SO
TRIABLE.
Plaintiff
By its attorney,
/s/ Vicki J. Bejm:
Vicki J. Bejma (BBO# 653699)
Robinson & Clapham
123 Dyer Street, Suite 135
Providence, RI 02903
(401) 331-6565
(fax) 331-7888
vbejma@smrobinsonlaw.com
CERTIFICATE OF SERVICE
I, Vicki J. Bejma hereby certify that on this day of , 2023,
a true copy of the foregoing document was filed and served via the court’s electronic
filing system to all parties registered thereon and is available for viewing and/or
downloading from the Electronic Filing System.
/s/ Vicki J. Beima
Preview
Date Filed 11/28/2023 12:09 PM Superior Court - Bristol Docket Number 2373CV00479 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT BRISTOL, ss. FTOL,SS SUPERIOR COURT TRIBORO PROPERTY HOLDINGS, 1c > FILED Plaintiff Docket No. 2373CV00479 Vv. NOV 28 2023 27-39 SOUTH MAIN ST., LLC., JENNIFER A. SULLIVAN, ESQ. Defendant CLERK / MAGISTRATE MOTION TO AMEND Now comes the Plaintiff, and in accordance with Mass.R.Civ.P. 15 moves to amend its Complaint in the form attached hereto. The Plaintiff seeks to add an additional count for private nuisance. Plaintiff By its attorney, /s/ Vicki J. Bejm: Vicki J. Bejma (BBO# 653699) Robinson & Clapham 123 Dyer Street, Suite 135 Providence, RI 02903 (401) 331-6565 (fax) 331-7888 vbejma@smrobinsonlaw.com CERTIFICATE OF SERVICE I, Vicki J. Bejma hereby certify that on this 28" day of November, 2023 , a true copy of the foregoing document was filed and served via the court’s electronic filing system to all parties registered thereon and is available for viewing and/or downloading from the Electronic Filing System. 4s/ Vicki J. Bejma Date Filed 11/28/2023 12:09 PM Superior Court - Bristol Docket Number 2373CV00479 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT BRISTOL, ss. TRIBORO PROPERTY HOLDINGS, LCC, Plaintiff Docket No. 2373CV00479 Vv. 27-39 SOUTH MAIN ST., LLC., Defendant AMENDED COMPLAINT COUNT I - TRESPASS 1 Plaintiff Triboro Property Holdings, LLC is a limited liability company duly organized under the laws of the State of Delaware, with a principal business office in Illinois. 2, Defendant 27-39 South Main St LLC is a limited liability company duly organized under the laws of the Commonwealth of Massachusetts, with a principal business office in Massachusetts. 3 Plaintiff is the record owner of the property located at 41 South Main Street in Attleboro, Massachusetts, and is in possession of same. 4 Defendant is the record owner of the property located at 27-39 South Main Street in Attleboro, Massachusetts, directly next door to Plaintiff's property at 41 South Main Street. 5 Said 41 South Main Street property is a parking lot. 6 The portion of the 41 South Main Street property abutting on Defendant’s property contains a 10’ right-of-way easement of access for the benefit of the Defendant. 7 Since April, 2022, Defendant has been conducting demotion of one building and construction of a new building on its property at 27-39 South Main Street. 8 Since that time, Defendant has repeatedly entered upon Plaintiffs 41 South Main Street property, and continues to enter upon Plaintiff's property without license, lawful authority or Plaintiffs permission. 9 Said entries include, but are not limited to: causing construction equipment to be parked on the Plaintiff's 41 South Main Street property; rendering parking spaces unusable due to the presence of construction equipment, debris, and associated items; blocking the right-of-way and/or otherwise rendering the right-of-way unusable due to the presence of construction 1 Date Filed 11/28/2023 12:09 PM ‘Superior Court - Bristol Docket Number 2373CV00479 equipment, debris, and associated items; and damaging the right-of-way in order to install new drainage. 10. Plaintiff has protested the encroachments to no avail. COUNT II - NEGLIGENCE 11. Plaintiff reiterates all allegations contained in the paragraph above as if fully restated herein. 12. Defendant had a duty to the Plaintiff to refrain from causing damage to the right-of- way and Plaintiff's other property. 13. Defendant has breached that duty of care to refrain from causing damage to the right- of-way and Plaintiffs other property. 14. As a proximate cause of Defendant’s breach of its duty of care, Plaintiff has suffered damage. COUNT Ill — NUISANCE 15. Plaintiff reiterates all allegations contained in the paragraph above as if fully restated herein. 16. The Defendant’s actions created a condition and/or permitted a condition to exist that was an_unreasonable interference with Plaintiff's free use and enjoyment of its property. 17. As_a proximate cause of Defendant’s unlawful actions, Plaintiff has suffered damage. WHEREFORE, the Plaintiff demands: 1 That a restraining order issue restraining the Defendant, and any party acting in concert with Defendant, from trespassing on Plaintiff's property and or creating a nuisance. That a temporary injunction issue restraining the Defendant, and any party acting in concert with Defendant, from trespassing on Plaintiff's property and_or creating nuisance. That permanent injunction issue restraining the Defendant, and any party acting in concert with Defendant, from trespassing on Plaintiff's property and or creating nuisance. That Plaintiff be awarded judgment against the Defendant for damages, interest, 2 Date Filed 11/28/2023 12:09 PM ‘Superior Court - Bristol Docket Number 2373CV00479 attorney’s fees and costs; and 5. Any other relief that this Court deems appropriate. PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES AND CLAIMS SO TRIABLE. Plaintiff By its attorney, /s/ Vicki J. Bejm: Vicki J. Bejma (BBO# 653699) Robinson & Clapham 123 Dyer Street, Suite 135 Providence, RI 02903 (401) 331-6565 (fax) 331-7888 vbejma@smrobinsonlaw.com CERTIFICATE OF SERVICE I, Vicki J. Bejma hereby certify that on this day of , 2023, a true copy of the foregoing document was filed and served via the court’s electronic filing system to all parties registered thereon and is available for viewing and/or downloading from the Electronic Filing System. /s/ Vicki J. Beima