2014 Mass. App. Div. 63

Jefferson at Admiral Hill Ltd. Partnership vs. David Pressman

Northern District

March 28, 2014.

Present: Greco, PJ., Coven & Singh, JJ.

Robert E. Daidone for the plaintiff.

David Pressman, pro se.

Coven, J.

In this appeal from a summary process action in which the trial judge, after a bench trial, made a written conclusion based on clear and convincing evidence that the termination of the tenancy of David Pressman (“Pressman”) by Jefferson at Admiral Hill Ltd. Partnership was not unlawful, we are unable to address the merits of Pressman’s claims and dismiss the appeal.

This appeal1 raises the issues of (1) the trial judge’s conclusion that the termination of Pressman’s tenancy was not in retaliation for protected activity; (2) whether the trial judge, as characterized by Pressman, did not personally like the retaliation law; and (3) whether the trial judge prevented Pressman from presenting his case. Pressman, proceeding pro se, has failed to provide a copy of the trial transcript, and we are therefore unable to assess his claims.2

*64“It is elementary that the burden is on the appellant to prepare and furnish an adequate trial court record for review on appeal.” Donovan v. Mahoney, 2012 Mass. App. Div. 4,5. Pressman’s claims cannot be evaluated in the absence of a transcript of the trial. The trial judge’s ultimate conclusion that the termination of Pressman’s tenancy was not in retaliation for his protected tenant activity can be reversed only if there existed no subsidiary facts to support that finding. Buster v. George W. Moore, Inc., 438 Mass. 635, 642-643 (2003). That examination can be accomplished only by a review of the trial transcript.3 Likewise, a court of review cannot make a meaningful examination into the alleged bias of a trial judge or of a claim that a trial judge prevented a party from presenting evidence unless a transcript is presented for review.

Appeal dismissed.

So ordered.

Jefferson at Admiral Hill Ltd. Partnership v. Pressman
2014 Mass. App. Div. 63

Case Details

Name
Jefferson at Admiral Hill Ltd. Partnership v. Pressman
Decision Date
Mar 28, 2014
Citations

2014 Mass. App. Div. 63

Jurisdiction
Massachusetts

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