# Sarvis v. Boston Safe Deposit & Trust Co.

> Massachusetts Appeals Court · June 9, 1999 · 47 Mass. App. Ct. 86

URL: https://www.frixlaw.com/law-library/cases/6460492

## Case

- **Full name:** Robert A. Sarvis & another v. Boston Safe Deposit and Trust Company & others
- **Court:** Massachusetts Appeals Court
- **Decided:** June 9, 1999
- **Citations:** 47 Mass. App. Ct. 86; 711 N.E.2d 911
- **Precedential status:** Published
- **Opinion:** Concurrence by Kass
- **Judges:** Kass, Spina
- **Cited by:** 69 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6460492

## How later opinions describe it (automated extraction)

- stating that Longval “affirmed the requirement under the [MCRA] that proof of ‘threats, intimidation, or coercion’ be in addition to the interference with the exercise or enjoyment of secured rights”
- stating that Longval “affirmed the requirement under the MCRA that proof of ‘threats, intimidation, or coercion’ be in addition to the interference with the exercise or enjoyment of secured rights”
- affirming judgment for plaintiffs on MCRA claim, where plaintiffs were arrested as part of defendants’ attempt to interfere with their statutory rights to a summary process hearing prior to eviction

## Opinion text

Kass, J.
(concurring). This opportunistic private action by two individuals who were well aware that they no longer had a right to occupy the premises they had hunkered down in trivializes the noble purpose of the Massachusetts Civil Rights Act. See Batchelder v. Allied Stores Corp., 393 Mass. 819, 821 (1985). As the opinion of the court in the instant case points out, however, the defendants have not raised the issue whether the MCRA applies to a private quarrel of the sort involved. I make these concurring comments to emphasize that not more should be read into that particular aspect of the court’s opinion than is in it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6460492. Public record. Not legal advice.