"Summary process is a purely statutory procedure and can be maintained only in the instances specifically provided for in the statute." Fafard v. In a carefully considered decision, the Appellate Division affirmed the District Court ruling.
#HUMMINGS APP PRO#
As to Adama, who proceeded pro se, the District Court judge sua sponte dismissed him from the case on the ground that he, as a guarantor, was not a proper party to a summary process action.Ĭummings timely appealed the dismissal of Adama to the Appellate Division of the District Court Department.
#HUMMINGS APP TRIAL#
At trial in the Woburn Division of the District Court Department on April 9, 2009, Cepoint was defaulted, and judgment was entered for Cummings against Cepoint in the amount of $131,179.77. Each defendant was served with a summons and a complaint. On March 23, 2009, Cummings filed a summary process action against Cepoint and Adama, as guarantor. Cepoint did not pay the January rent or make any subsequent rent payments. In a letter dated January 21, 2009, Cummings notified Cepoint of its default and of Cummings's intent to seek unpaid rent for the remainder of the lease, in accordance with an acceleration clause in the lease, unless Cepoint cured its default within ten days. Cepoint subsequently failed to pay rent for the month of January, 2009, and Adama failed to satisfy Cepoint's rent obligation. Adama also signed the lease as a guarantor, whereby he "personally and unconditionally guarantee the prompt payment of rent by LESSEE and the performance by LESSEE of all obligations of this lease." Cummings and Cepoint agreed to a rent of $30,000 per year, to be paid in twelve monthly installments of $2,500. In September, 2008, plaintiff Cummings Properties, LLC (Cummings), as lessor, and defendant Cepoint Networks, LLC (Cepoint), executed a five-year commercial lease (to begin October 1, 2008) for a portion of property located at 175-N New Boston Street, Woburn.ĭefendant Bernard Adama signed the lease as an authorized representative of Cepoint. The Appellate Division of the District Court Department affirmed a judgment that dismissed such a guarantor from a summary process proceeding.
The issue presented is whether a guarantor, with no right to possession, is a proper defendant in a summary process action. Complaint filed in the Woburn Division of the District Court Department on March 23, 2009. 239, § 2, provides that a summary process action may be brought to pursue rent due only from a defendant who is in possession of the property in question, or at least in possession of the property at the time the suit commences and where the joinder of a guarantor in a summary process action under the Massachusetts Rules of Civil Procedure would be inconsistent with the statutory requirement that a defendant be in possession of the property, and would not be justified by judicial economy. In a summary process action brought against a commercial lease and a guarantor, judgment was correctly entered, dismissing the guarantor, where G. 287 OctoNovemCourt Below: District Court Department, Woburn Division, Middlesex Present: KAFKER, GREEN, & WOLOHOJIAN, JJ. It is unclear if and when Hum On! will be available to the public, but it should be an entertaining addition to many smartphones.CUMMINGS PROPERTIES, LLC vs. “With Hum On!, we aim to provide a platform where anyone can turn their inspiration into great music.”Ĭurrently the Hum On! app is in a very early beta phase, with the version of the app being on show at SXSW being very basic, lacking even some of the features that are becoming commonplace in modern apps such as the ability to easily share data with other apps and devices. “For hundreds of years, music has only been created by a select few, but that will no longer be the case,” said David Choi, Creative Leader of the project. The app works by analysing the pitch and duration of the user’s voice and employs machine learning techniques to calculate suitable accompaniments for the vocal sounds using methods likened to a musician applying melody and chords. If you aren’t happy with the result, the app will let you adjust the notes after the recording and even change the genre of the song played back with choices such as “rock”, “orchestra” and “R&B”. When you are done, the app will convert your vocalization into musical notation and let you play it back like a MIDI file. Using the app is simple, just hit a record button and hum away. Now, Samsung’s C-Lab have developed a way for you to both hum and make music with Hum On! a new app that records your vocal noises and attempts to turn them into music. People love to hum, whether it’s along to music or just a tune you’ve got stuck in your head, it is an easy way to express yourself even if you have no musical talent or skill.
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