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- November 12, 2025. The court is in receipt of Petitioner Dickran Kazarian's Emergency Motion for Extension of Time to Submit Claim for Adjustment, and an email from Attorney Sean Cullen indicating the Respondent assents to the motion. The motion is hereby ALLOWED. Each party shall submit to the Commissioner any claim for adjustments to the purchase price that either party contends is appropriate under G. L. c. 241, 1 et seq., by November 21, 2025. Thereafter the parties shall, by November 28, 2025, submit to the Commissioner any evidence or argument in opposition to the claims made by the other. The Commissioner shall file with the Court a written report, no later than December 19, 2025. The parties shall file with the court any objections to the Commissioner's report by December 29, 2025. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Defendant: Gregg Stanley Haladyna, Esq. [email protected] Defendant Intervenor: Nina L Pickering-Cook, Esq. [email protected] Defendant Intervenor: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 350 Main STreet Third Floor PO Box 392, Malden, MA 02148 Sent On: 11/12/2025 12:48:02
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 433673 Date: 08/29/2022
- Land Court surcharge Receipt: 433673 Date: 08/29/2022
- Land Court summons Receipt: 433673 Date: 08/29/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Motion for Special Process Server, filed and ALLOWED. Judge: Patterson, Deborah J.
- Statement of the Case in support of Petition for Partition, filed.
- Summons returned to Court with service on Stephen Kazarian filed. Left at last and usual place of abode on August 31, 2022.
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Defendant: Stephen Kazarian No addresses available Sent On: 09/22/2022 10:24:09
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 10/31/2022 Time: 10:30 AM
- Event Resulted: Case Management Conference scheduled on: 10/31/2022 10:30 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 10/31/2022 Time: 03:00 PM
- Plaintiff's Case Management Conference Statement, filed (by email).
- Town of Bedford, Motion to Intervene, filed.
- Affidavit of Preston L. Clinton in Support of Petition for Partition, filed.
- Event Resulted: Case Management Conference scheduled on: 10/31/2022 03:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding October 13, 2022. Case management conference held via videoconference. Early intervention event held. Attorney Jonathon D. Friedmann appeared for the petitioner. Attorney Annie Lee appeared for the Town of Bedford, who has moved to intervene in this action. Attorney Friedmann stated for the record that the petitioner has no objection to the town's motion to intervene. Respondent has been served but has been nonresponsive in this action. Petitioner has been working to get the property cleaned and ready for partition and requested the court to appoint a commissioner. Following colloquy, the court stated that it will give the respondent time to respond and to oppose the town's motion to intervene, if he so chooses. If the respondent does not respond, the court will appoint a commissioner. (Smith, J.).
- Town of Bedford Motion to Intervene is ALLOWED (Smith, J.). Judge: Smith, Hon. Kevin T.
- Appearance of Nina L Pickering-Cook, Esq., Annie E Lee, Esq. for Town of Bedford, filed
- Interim Order Appointing James McLaughlin, Esq. as Partition Commissioner, issued. (Copies emailed to Attorneys Preston Clinton, Jonathon Friedmann, Nina Pickering-Cook, Annie Lee, and James McLaughlin, and mailed to Defendant Stephen Kazarian) Judge: Smith, Hon. Kevin T.
- Interim Order Appointing Jordan Shapiro, Esq. as Partition Commissioner, issued. (Copies emailed to Attorneys Preston Clinton, Jonathon Friedmann, Nina Pickering-Cook, Annie Lee, and Jordan Shapiro) Judge: Smith, Hon. Kevin T.
- Partition Commissioner's Motion for Order to Allow Entry Upon Defendant's Premises, filed (by email).
- Notice of Docket Entry: Partition Commissioner's Motion ALLOWED Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Annie E Lee, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro and Hender 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian No addresses available Sent On: 02/03/2023 12:23:04
- Order on Partition Commissioner's Motion to Allow Entry Upon Defendant's Premises, issued. (Copies emailed to Attorneys Preston Clinton, Jonathon Friedmann, Nina Pickering-Cook, Annie Lee, and Jordan Shapiro, and mailed to Defendant Stephen Kazarian) Judge: Smith, Hon. Kevin T.
- Commissioner's Oath, filed.
- Letter from Defendant Stephen Kazarian Requesting a Motion to Dismiss, filed.
- First Report of Partition Commissioner, filed.
- Partition Commissioner's Motion for Court Orders Relating to Clean-Up of 62 Carlisle Road, Bedford and Relating to Purchase of Said Property, filed.
- Certificate of Service, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/06/2023 Time: 10:00 AM
- Plaintiff's Opposition to Defendant's Motion to Dismiss, filed.
- Event Resulted: Status Conference scheduled on: 04/06/2023 10:00 AM Has been: Held in person Hon. Kevin T. Smith, Presiding April 6, 2023. Motion hearing held in person at the courthouse. Attorney Preston Clinton appeared for the plaintiff Dickran Kazarian. Defendant Stephen Kazarian appeared, pro se. Attorney Annie Lee appeared for the intervenor, town of Bedford. Attorney Jordan Shapiro, partition commissioner, also appeared. Before the court were motions by the partition commissioner concerning the cleanup of the subject property and the possible sale to Defendant, Stephen Kazarian, and by defendant Kazarian to dismiss the partition action. The court DENIED the motion to dismiss on the grounds that the plaintiff has the right to proceed with partition of the property pursuant to G. L. c. 241. The court then turned to the matter of cleaning up the property and resolving this action by agreement of the parties. The plaintiff expressed hesitancy to enter into an agreement and concern that the defendant will be unable to act on the agreement. The defendant would prefer to settle this matter by agreement so that he can retain ownership of the property. The court informed the parties that it will issue an order concerning the cleanup of the property, which also includes deadlines which may affect the nature and extent of the cleanup of the property that will ordered by the court. If the parties do not reach a settlement agreement as outlined in the court's order, the court shall order Attorney Shapiro to start the process of putting the house on the market. Court order to issue promptly. (Smith, J.).
- Order Relating to the Partition of 62 Carlisle Road, Bedford, issued. (Copies emailed to Attorneys Jonathon Friedmann, Preston Clinton, Annie Lee, Nina Pickering-Cook, and Jordan Shapiro) Judge: Smith, Hon. Kevin T.
- Partition Commissioner's Emergency Motion for Court Orders Relating to Entry Into the House at 62 Carlisle Road, Bedford, filed (by email).
- Defendant's Emergency Motion, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Motion Date: 04/13/2023 Time: 11:30 AM
- Event Resulted: Motion scheduled on: 04/13/2023 11:30 AM Has been: Held in person Hon. Kevin T. Smith, Presiding April 13, 2023. Motion hearing held in person at the Land Court. Defendant Stephen Kazarian appeared, pro se. Attorney Jordan Shapiro, partition commissioner, also appeared. No other party appeared, but all parties were notified of this emergency hearing. Before the court were the partition commissioner's emergency motion for court orders relating to entry into the house at 62 Carlisle Road, Bedford, and defendant's emergency motion. The partition commissioner's motion requested for the court to reaffirm its April 6, 2023 order authorizing the partition commissioner to enter the subject property at 62 Carlisle Road for the purpose of obtaining a junk removal estimate. The defendant's emergency motion asked the court to disallow entry to the home. The court explained to Stephen Kazarian that, following the April 6, 2023 hearing, this case is proceeding on two parallel paths, one in which the plaintiff and defendant are engaged in negotiations to execute a purchase and sale agreement among themselves and another in which the partition commissioner is preparing the property for sale in the event that negotiations between the parties do not result in a purchase and sale agreement. Defendant Stephen Kazarian argued to the court that if he is unable to buy the property, he intends to remove everything from the interior of the house without the intervention of a junk removal service and, therefore, an inspection of the interior of the property is unnecessary and will be an invasion of his privacy. Attorney Shapiro informed the court that all parties would take comfort in knowing what is in the interior of the house and that it can be removed, but the urgency of obtaining that knowledge is dependent on whether the defendant will ultimately be the purchaser of the property. The partition commissioner informed the court that he is comfortable going to the property tomorrow with the junk removal contractor for the limited purpose of inspecting the land and the exterior of the house for the purpose of obtaining a cost estimate to clean up the outside only. Following argument, the court reaffirmed the April 6, 2023 order, deferred ruling on the partition commissioner's emergency motion, and DENIED the defendant's emergency motion. The court hereby orders that the partition commissioner may go to the property at 62 Carlisle Road on Friday, April 14, 2023, for the purpose of determining a scope of work and obtaining an estimate for the outside junk removal only. Stephen Kazarian shall not interfere with the partition commissioner's work. If the parties do not have a binding deal by April 27, 2023, as stated in the court's April 6, 2023 order, the court will authorize Attorney Shapiro to enter inside the home at 62 Carlisle Road for the purpose of obtaining an estimate for junk removal only. The court will not authorize the removal of anything from the interior of the house until further hearing, to be held after the deadline of April 27. (Smith, J.).
- Second Report of Partition Commissioner and Motion to Extend Time, filed.
- Appearance of Sean B Cullen, Esq. for Dickran Kazarian, filed
- Motion to Extend Time, ALLOWED (Smith, J.).
- Motion to Vacate the Housing Court Order of a Preliminary Injunction granted to the Town of Bedford, filed.
- Motion to Allow a Few More days to Receive Funds to Purchase the Plaintiffs Portion of 62 Carlisle Bedford, filed.
- Third Report of Partition Commissioner and Response to Two Motions of the Defendant, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 06/05/2023 Time: 11:00 AM (IN-PERSON EVENT)
- Opposition to Defendant's Motion to Vacate Housing Order, filed.
- Fourth Report of Partition Commissioner and Request for Hearing, filed.
- Event Resulted: Hearing on Motions scheduled on: 06/05/2023 11:00 AM Has been: Held in person. Jonathan Friedmann appeared for plaintiff, Dickran Kazarian, Annie E. Lee appeared for the intervenor, the Town of Bedford, and Stephen Kazarian pro se. Commissioner Jordan L. Shapiro did not appear. Before the court were motions filed by Stephen Kazarian (1) to vacate an order of the Housing Court that was obtained by the Town of Bedford Board of Health concerning the storage of certain unregistered vehicles at the Kazarian property and (2) to allow Stephen Kazarian additional time to complete a purchase of his brother's interest in the property. The court denied Mr. Kazarian's motion to vacate the Housing Court order on the grounds that this court lacks jurisdiction over the Housing Court matter. Mr. Kazarian informed the court that his second motion is now moot because he has secured the funds that he believes are necessary to purchase his brother's interest in the property. Attorney Friedmann informed the court that his client considers the agreement reached between the Kazarian brothers to be terminated due to certain failures by Stephen Kazarian to comply with the terms of the that agreement. His client is willing to sell his interest in the property to Stephen Kazarian but that there are certain outstanding liabilities from which he demands a release. One of those liabilities is to the Town of Bedford in connection with the Housing Court matter. Attorney Lee informed the court that the Town is not willing to release Dickran Kazarian from liability for anything related to the Housing Court matter. Based on Commissioner Shapiro's previous reports, the expenses and time that will be required to prepare the property to be marketed for sale are expected to be significant. The court informed the parties that it would seek a further report and recommendation from Commissioner Shapiro concerning next steps in this partition action. In the meantime, the court encouraged the parties to continue seeking an agreement as both brothers want the same thing; that is, for Stephen Kazarian to own the property, individually, and for Dickran Kazarian to be released from any liability arising out of his ownership of the property and this partition action. Email notice to: Attorney Jonathan Friedmann and Attorney Annie E. Lee. Mail sent to: Pro Se Defendant Stephen Kazarian Hon. Kevin T. Smith, Presiding
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Annie E Lee, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. [email protected] Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730
- Notice of Amended Docket Entry: As a result of today's hearing, the Partition Commissioner is directed to prepare a report that addresses the steps that remain to be taken in order to prepare the subject property to be marketed for sale. A question has arisen concerning whether the property should be sold as is, with the expectation that the house would be demolished to make way for new construction, or whether steps should be taken to prepare the house for marketing as a single-family dwelling. Therefore, the Partition Commissioner's report should include a recommendation based on the advice/recommendation of a licensed real estate agent from the Bedford market area as to the most advantageous way to market the property for sale. The Partition Commissioner's report should include any cost estimates received to date, beyond that which has been previously reported to the court. The report should also include the payment terms to be required by the junk removal contractors with whom the Partition Commissioner has already consulted. The court recognizes that the Partition Commissioner has not been given access to the interior of the house. Therefore, the report should include the Partition Commissioner's recommendation concerning whether gaining access to the house is necessary for the purpose of preparing the property to be marketed for sale, particularly if the court orders that the property be sold as is. The Partition Commissioner shall submit the requested report by June 26, 2023 unless otherwise ordered by the court. This docket entry constitutes an amendment to the interim order of January 11, 2023. Email notice to: Attorney Jonathan Friedmann and Attorney Annie E. Lee. Mail sent to: Pro Se Defendant Stephen Kazarian Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Annie E Lee, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. [email protected] Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Notice of Docket Entry was generated and sent to:
- Fourth Report of Partition Commissioner, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 08/21/2023 Time: 09:30 AM
- Supplement to Fourth Report of Partition Commissioner, filed.
- Motion to Strike Handwritten Filing of August 2, 2023, filed.
- Event Resulted: Hearing scheduled on: 08/21/2023 09:30 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Kevin T. Smith, Presiding This event will be continued to September 15, 2023 at 10 AM. No further continuances will occur. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Annie E Lee, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro and Hender 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 08/16/2023 15:13:16
- Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 09/15/2023 Time: 10:00 AM
- Partition Commissioner's Proposed Agenda for 8/21/23, filed.
- Event Resulted: Hearing scheduled on: 09/15/2023 10:00 AM Has been: Held in person Hon. Kevin T. Smith, Presiding September 15, 2023. Motion hearing held in person at the courthouse. Attorneys Jonathon Friedmann and Sean Cullen and appeared for the plaintiff, Dickran Kazarian. Defendant Stephen Kazarian appeared, pro se. Attorney Annie Lee appeared for the intervenor, town of Bedford. Attorney Jordan Shapiro, partition commissioner, also appeared. Before the court were the plaintiff's motions to strike a handwritten filing by the defendant and to allow the partition commissioner to act quickly to prepare the property for sale, as well as several orders requested by the partition commissioner. Attorney Shapiro stated that his last visit to the property was on August 10, 2023, and no progress appeared to have been made as of that date in cleaning up the exterior of the property. He then stated that at least one junk removal company would accept payment from closing proceeds and requested an order allowing him to access the interior of the house with a real estate agent to adequately appraise it and determine whether the house could be sold or whether it would need to be torn down. Defendant Stephen Kazarian opposed this request, stating that his goal was to purchase his brother's share of the property and release the plaintiff from any liability for the property taxes owed. He informed the court that he had approached the select board for the town of Bedford, but no decision had been made regarding such a release. The court informed Stephen Kazarian that the town's authority to release the plaintiff from liability was unclear, and Attorney Lee stated that she was not sure at that time whether such a release would be permissible, but the town was willing to work with Stephen Kazarian if he made progress in his efforts to clean up the property. Stephen Kazarian also informed the court that he has the money needed to pay the outstanding taxes on the property and intends to do so on Monday. He then stated that he believed the cleanup prices quoted by the commissioner were too high and that he was capable of handling the cleanup on his own. Attorney Friedmann stated that the plaintiff was willing to work with the defendant and to allow him to purchase his interest in the property as long as all outstanding taxes and legal fees were paid by the defendant, and he was willing to give the defendant up to sixty days to figure out the purchase, but otherwise argued that the court should issue an order allowing the commissioner to act quickly. Following argument, the court ordered that the defendant has until October 6, 2023, to take all actions necessary to purchase the property; the partition commissioner would be allowed to enter the interior of the property with a real estate agent only after October 9, 2023; and the parties would have ten days to object to the report issued by the commissioner. The court indicated that a written order will follow concerning the partition commissioner's requests. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Annie E Lee, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro and Hender 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 09/21/2023 10:06:47
- Second Order Relating to the Partition of 62 Carlisle Road, Bedford, issued. (Copies emailed to Attorneys Jonathon Friedmann, Preston Clinton, Sean Cullen, Annie Lee, Nina Pickering-Cook, Jordan Shapiro, and mailed to Pro Se Respondent Stephen Kazarian) Judge: Smith, Hon. Kevin T.
- [Defendant's Motion to Dismiss], filed.
- Fifth Report of Partition Commissioner, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing AT THE COURTHOUSE Date: 11/30/2023 Time: 10:00 AM
- Petitioner's Opposition and Cross-Motion to Strike Respondent's Motion to Dismiss, filed.
- Stephen Kazarian's Motion to Dismiss and for the Removal of Partition Commissioner, filed.
- Intervenor Town of Bedford's Opposition to Respondent's Motion to Dismiss, filed.
- Partition Commissioner's Motion for Further Orders, filed.
- Third Order Relating to the Partition of 62 Carlisle Rd, Bedford, issued. (Copies emailed to Attorneys Sean Cullen, Preston Clinton, Jonathon Friedmann, Nina Pickering-Cook, Annie Lee, and Jordan Shapiro; and mailed to Pro Se Respondent Stephen Kazarian) Judge: Smith, Hon. Kevin T.
- Event Resulted: Hearing scheduled on: 11/30/2023 10:00 AM Has been: Held in person. Attorneys Sean Cullen and Jonathon Friedmann appeared for the plaintiff, Dickran Kazarian. Defendant Stephen Kazarian appeared, pro se. Attorney Annie Lee appeared for the intervenor, Town of Bedford. Attorney Jordan Shapiro, partition commissioner, also appeared. Before the court were the defendant's motion to dismiss, the plaintiff's motion to strike the defendant's motion to dismiss, and the commissioner's motion for further orders. The court inquired as to the progress that had been made regarding outstanding real estate taxes. Stephen Kazarian informed the court that he had paid all outstanding taxes, and the Housing Court had been dismissed. Stephen Kazarian also informed the court that he had obtained an appraisal for the property, based on which the fair market value of the property was estimated at between $495,000 and $510,000, and he remained willing to purchase the plaintiff's interest in the property for $250,000. The court explained to Stephen Kazarian that, despite his commendable efforts toward resolving the issues with the property that led to the plaintiff filing the partition action, the action could not be dismissed as long as the plaintiff continued to own a share of the property and wished to maintain the action, and the motion to dismiss was, therefore, denied. Commissioner Shapiro then discussed the recommendations in his most recent report and motion, namely that the property be marketed for at least $565,000 and that he and a real estate broker be permitted to enter the house. Stephen Kazarian expressed that he remains willing to purchase the plaintiff's share of the property and would be able to within thirty days. Following argument, the court allowed the commissioner's motion and stated that an order would be issued allowing Commissioner Shapiro and a real estate broker to enter the house at a mutually agreeable time during the week of December 18, 2023, and to begin marketing the property on or after January 1, 2024, if no binding purchase and sale agreement had been executed by the parties. Email notice to: Attorney Sean Cullen; Attorney Jonathon Friedmann; Pro Se Defendant Stephen Kazarian; Attorney Annie Lee; and Commissioner Jordan Shapiro, Esq. Hon. Kevin T. Smith, Presiding
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Annie E Lee, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro and Hender 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730
- Plaintiff's Memorandum Regarding Partition Commissioner's Renewed Motion for Further Orders to Sell, filed.
- Petitioner's Motion for Renewed Order Reauthorizing Entry and Marketing of Property, filed.
- Affidavit of Jonathon D. Friedmann, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Motion Date: 05/16/2024 Time: 10:00 AM
- Notice of Assent to Petitioner's Motion for Renewed Orders, Etc. By Partition Commissioner, filed.
- Appearance of Martell Johnson, Esq. for Town of Bedford, filed
- Withdrawal of Annie E Lee, Esq. for Town of Bedford, filed
- Event Resulted: Motion scheduled on: 05/16/2024 10:00 AM Has been: Held in person Hon. Kevin T. Smith, Presiding May 16, 2024. Motion hearing held in person. Attorney Jonathon Friedmann appeared for the plaintiff, Dickran Kazarian. Defendant Stephen Kazarian appeared, pro se. Attorney Martell Johnson appeared for the intervenor, Town of Bedford. Attorney Jordan Shapiro, partition commissioner, also appeared. Before the court was the plaintiff's Motion for Renewed Order Reauthorizing Entry and Marketing of Property. The court inquired as to the unsuccessful efforts to sell the property to the defendant. Stephen Kazarian explained that there had been an issue with him receiving the funds in time for the scheduled closing, but he will have them by May 21, 2024, and he is prepared to close as soon as then. Attorney Shapiro stated that he is optimistic about Stephen Kazarian's ability to close and had received proof of deposit of additional funds. Attorney Friedmann argued that his client is entitled to be paid the $50,000 deposit that was referenced in the first purchase and sale agreement as a result of Stephen Kazarian's failure to perform. The court deferred ruling on that motion at this time. Attorney Friedmann also reminded the court and Stephen Kazarian that his client is entitled to a release from the Town as one of the conditions of the sale. Attorney Johnson stated that the Town of Bedford is willing to release the plaintiff if adequate cleanup efforts are undertaken. Following argument, the court allowed the plaintiff's motion, in part, and ordered the commissioner to begin marketing the property no sooner than June 3, 2024, only if Stephen Kazarian does not purchase the property prior to that date. A written order to issue. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 05/16/2024 11:14:09
- Fourth Order Relating to the Partition of 62 Carlisle Road, Bedford, issued. (Copies emailed to Jonathon Friedmann, Sean Cullen, Preston Clinton, Martell Johnson, Nina Pickering-Cook, and Jordan Shapiro; and mailed to Pro Se Defendant Stephen Kazarian) Judge: Smith, Hon. Kevin T.
- Petitioner's Request for Further Action by the Court Relative to Petitioner's Motion for a Renewed Order Authorizing Entry and Marketing of the Property (Filed April 25, 2024), filed.
- Response of Partition Commissioner to Petitioner's Request for Further Action, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 07/30/2024 Time: 09:30 AM
- Event Resulted: Hearing scheduled on: 07/30/2024 09:30 AM Has been: Held in person Hon. Kevin T. Smith, Presiding July 30, 2024. Motion hearing held in person. Attorney Jonathon Friedmann appeared for the plaintiff, Dickran Kazarian. Defendant Stephen Kazarian appeared, pro se. Attorney Martell Johnson appeared for the intervenor, Town of Bedford. Attorney Jordan Shapiro, partition commissioner, also appeared. Before the court was the Petitioner's Request for Further Action by the Court Relative to Petitioner's Motion for a Renewed Order. The court asked for an update on the case. Attorney Shapiro reported that Stephen Kazarian has paid the base purchase price, which is currently being held in escrow in his IOLTA account, but some closing costs and cleanup fees remain outstanding, and counsel for the plaintiff and the Town have been working toward a resolution. Attorney Friedmann stated that the tentative plan is for the plaintiff to pay the Town a $5,000 deposit for the removal of any vehicles on the property that present a public health hazard, the balance of which would be returned to the plaintiff, whom the Town would release from liability as part of the closing. Attorney Johnson stated that the Town is amenable to this agreement, subject to the court granting Attorney Shapiro permission to enter the property to remove the vehicles. Stephen Kazarian stated that he had not been included in these discussions, and he does not believe that the Town has any valid interest in this action or that any of the vehicles present a public health hazard, but he would like to be allowed to remove the vehicles on his own if any are found to be hazardous. Attorney Friedmann requested that the court set deadlines for the removal of hazardous vehicles and the payment of closing costs. Following argument, the court ordered the Town to have an inspector from the Board of Health visit the property by August 9, 2024, to inspect the interior and exterior of each vehicle on the property and make a written determination as to which vehicles must be removed. If Stephen Kazarian does not remove the hazardous vehicles by August 23, 2024, then Attorney Shapiro may have the vehicles removed within one week beginning on August 26, 2024. The court also ordered the parties to close by September 6, 2024, and, if Stephen Kazarian fails to provide the remaining outstanding funds, Attorney Shapiro may commence marketing the property. The court will issue a separate order concerning the inspection and removal of vehicles from the property. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Annie E Lee, Esq. [email protected] Interested Party: Martell Johnson, Esq. [email protected] Commissioner: James A McLaughlin, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Commissioner: James McLaughlin, Esq. No addresses available Sent On: 07/30/2024 15:10:14
- Fifth Order Relating to the Partition of 62 Carlisle Road, Bedford, issued. (Copies emailed to Attorneys Jonathon Friedmann, Sean Cullen, Preston Clinton, Nina Pickering-Cook, Martell Johnson, Jordan Shapiro, and mailed to Pro Se Respondent Stephen Kazarian) Judge: Smith, Hon. Kevin T.
- Defendant Stephen Kazarian's Emergency Motion, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Defendant Stephen Kazarian's Emergency Motion Date: 08/22/2024 Time: 10:45 AM
- Event Resulted: Motion scheduled on: 08/22/2024 10:45 AM Has been: Held in person Hon. Kevin T. Smith, Presiding August 22, 2024. Emergency motion hearing held on-site at the courthouse. Stephen Kazarian appeared Pro Se. No other parties appeared. Before the court was Defendant Stephen Kazarian's Emergency Motion, filed on August 22, 2024. The court informed the defendant that he must serve his motion upon the attorneys for the other parties as well as the commissioner. The court scheduled a hearing regarding this motion for Monday, August 26, 2024 at 10:30 AM to be held on-site at the courthouse. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 08/22/2024 15:34:48
- Scheduled Judge: Smith, Hon. Kevin T. Event: Defendant Stephen Kazarian's Emergency Motion Date: 08/26/2024 Time: 10:30 AM
- Response of Partition Commissioner to Motion of Defendant to Stay Order for Removal of Cars, filed.
- Town of Bedford's Opposition to Stay Removal of Hazardous Vehicles, filed.
- Event Resulted: Motion scheduled on: 08/26/2024 10:30 AM Has been: Held in person Hon. Kevin T. Smith, Presiding August 26, 2024. Motion hearing held on-site at the courthouse. Attorney Sean Cullen appeared for the plaintiff, Dickran Kazarian. Defendant Stephen Kazarian appeared, pro se. Attorney Martell Johnson appeared for the intervenor, Town of Bedford. Attorney Jordan Shapiro, partition commissioner, also appeared by calling into the hearing via telephone. Before the court was Stephen Kazarian's Emergency Motion, which moved the court to stay its Order issued July 30, 2024, which would lead to the removal of cars from the property. Stephen Kazarian claimed that there was no evidence of the presence of rodents and that the Town of Bedford health inspector's report was erroneous. Furthermore, he argued he should be allowed to hire a professional to set traps until those traps caught no pests, instead of proceeding in accordance with the court's Order issued July 30, 2024. Attorney Johnson disputed Stephen Kazarian's characterization of the health inspector's report, argued that the Town should be able to remove the cars in accordance with the court's Order, and suggested that Stephen utilize the program "Kars for Kids" in order to remove the cars for free while receiving a tax credit per car. Attorney Shapiro, partition commissioner, agreed that there were signs of rodents and agreed that the Town should be able to remove the cars in accordance with the Court's Order. The court DENIED the defendant's motion. This removal of cars from the subject property will proceed in accordance with the Order issued July 30, 2024. Regarding the upcoming sale of the property, Stephen Kazarian reported that he still intends to purchase Dickran Kazarian's share. The commissioner expressed hope that the closing will be completed in the timeframe set in the Order issued July 30, 2024. The court will issue an order which will instruct the Town to create a final plan that specifies the date(s) of removal, the location where the cars will be moved to, and the person or entity that will be moving them. The partition commissioner will need to review this plan to ensure it is sufficient. The court also explained that Stephen Kazarian can remove the cars on his own before the town does if he chooses to do so. The court also instructed Stephen Kazarian to provide to the town any car registrations that the town does not have, and otherwise abide by the bylaws of the town regarding the cars. (Smith, J.).
- Order on Defendant's Emergency Motion, issued. (Copies emailed to Attorneys Jonathon Friedmann, Preston Clinton, Sean Cullen, Nina Pickering-Cook, Martell Johnson, Jordan Shapiro, and mailed to Pro Se Respondent Stephen Kazarian) Judge: Smith, Hon. Kevin T.
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 08/27/2024 16:03:27
- Sixth Fourth Report of Partition Commissioner, filed.
- October 31, 2024. Having reviewed the Partition Commissioner's Sixth Report, and having received no objection to the Sixth Report, the court orders the Partition Commissioner to file a further report or a motion for final decree, if appropriate, by December 15, 2024. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Plaintiff: Preston Louis Clinton, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 10/31/2024 11:57:04
- Withdrawal of Preston Louis Clinton, Esq. for Dickran Kazarian, filed
- Seventh Report of Partition Commissioner, filed.
- Eighth Report of Partition Commissioner, filed.
- Ninth Report of Partition Commissioner (and Request for Hearing), filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 04/25/2025 Time: 10:45 AM
- Supplement to Ninth Report of Partition Commissioner (and Request for Hearing), filed.
- Event Resulted: Hearing scheduled on: 04/25/2025 10:45 AM Has been: Continued Comments: Reason: Continued because of the Commissioner's unavailability Hon. Kevin T. Smith, Presiding
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 04/10/2025 16:11:41
- Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 05/13/2025 Time: 11:00 AM
- Emailed report of Attorney Sean Cullen for the Petitioner, received. Counsel for the Petitioner has a conflict with the hearing date of Tuesday, May 13, 2025 and inquires as to whether the hearing can be continued to Friday, May 16, 2025.
- Event Resulted: Hearing scheduled on: 05/13/2025 11:00 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Kevin T. Smith, Presiding
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Interested Party: Nina L Pickering-Cook, Esq. [email protected] Interested Party: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 105 Salem St PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 04/18/2025 13:18:22
- Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 05/16/2025 Time: 11:00 AM Event will be held in-person at the courthouse
- PROPOSED Order for Partition Commissioner to Sell, filed (by Partition Commissioner Jordan Shapiro).
- Event Resulted: Hearing scheduled on: 05/16/2025 11:00 AM Has been: Held in person Hon. Kevin T. Smith, Presiding May 16, 2025. Motion Hearing held in person at the Land Court. Attorney Sean Cullen appeared on behalf of the Plaintiff, Dickran Kazarian. Defendant Stephen Kazarian appeared pro se. Attorney Martell Johnson appeared on behalf of the intervenor, Town of Bedford. Attorney Jordan Shapiro, Partition Commissioner, also appeared. This is an action for partition of property located at 62 Carlisle Road Bedford. Before the court was the Partition Commissioner's Ninth Report, in which he requested that the court authorize him to begin marketing the subject property with the previously-appointed realtor with the goal of selling the property within 30 to 45 days unless Stephen raised sufficient funds to complete the purchase himself within 10 days. On May 16, 2025, just prior to the hearing, Commissioner Shapiro filed with the court a proposed order, in which he reported that the Respondent had raised sufficient funds to purchase the Petitioner's interest and requested authorization to transfer the Petitioner's interest to the Respondent upon the satisfaction of certain conditions concerning the current condition of the property. The Petitioner opposed the Commissioner's recommendation. Counsel for the Town of Bedford, as intervenor, reported that it would not object to the recommendation so long as certain cleanup at the property occurs. Following colloquy, the court ruled that, given that the Respondent has provided sufficient funds to purchase the Petitioner's interest, the court will allow an additional short period of time to allow for the cleanup of the property, after which the Commissioner can proceed with a closing in which the Respondent purchases the Petitioner's interest in the property. The court will issue a written order to that effect. (Smith, J.).
- Sixth Order and Warrant to Sell by Setoff 62 Carlisle Road, Bedford, issued. (Copies emailed to Attorneys Jonathon Friedmann, Sean Cullen, Nina Pickering-Cook, Martell Johnson, and Jordan Shapiro. Copy mailed via USPS to Stephen Kazarian) Judge: Smith, Hon. Kevin T.
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Defendant Intervenor: Nina L Pickering-Cook, Esq. [email protected] Defendant Intervenor: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 350 Main STreet Third Floor PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 05/21/2025 15:06:15
- Emergency Motion filed by Stephen Kazarian.
- Scheduled Judge: Special Session Event: Motion Date: 06/05/2025 Time: 04:00 PM
- Event Resulted: Motion scheduled on: 06/05/2025 04:00 PM Has been: Held in person Special Session, Presiding Suffolk County Superior Court Judge, Hon. Jackie A. Cowin presiding in Court Room 314 of the Suffolk County Courthouse.
- June 5, 2025 at 4:00pm. After emergency, ex parte hearing, it is ORDERED that upon being notified of this order, the partition commissioner take no further action with respect to 62 Carlisle Road in Bedford, until further order of Judge Smith. (Cowin, J.) Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Defendant Intervenor: Nina L Pickering-Cook, Esq. [email protected] Defendant Intervenor: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 350 Main STreet Third Floor PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 06/05/2025 16:14:08 Judge: Special Session
- Scheduled Judge: Smith, Hon. Kevin T. Event: Emergency Motion filed by Stephen Kazarian on June 5, 2025 Date: 06/12/2025 Time: 11:00 AM To be held: on site at the courthouse
- Tenth Report of Partition Commissioner, filed.
- Town of Bedford's Opposition to Emergency Motion for Reconsideration, filed.
- Event Resulted: Motion scheduled on: 06/12/2025 11:00 AM Has been: Held in person Hon. Kevin T. Smith, Presiding June 12, 2025. Emergency Motion Hearing held in person at the Land Court. Attorney Sean Cullen appeared on behalf of the Petitioner, Dickran Kazarian. Respondent Stephen Kazarian appeared pro se. Attorney Martell Johnson appeared on behalf of the intervenor, Town of Bedford. Attorney Jordan Shapiro, Partition Commissioner, also appeared. This is an action for partition of property located at 62 Carlisle Road in Bedford. The Respondent's motion requested that he be relieved of the obligation to remove certain personal property in the yard of the subject property and that the court vacate its most recent order that authorized the Commissioner to retain a junk removal contractor to remove the same personal property. The Respondent's motion was opposed by the Petitioner, the Town of Bedford, and the Commissioner. Notwithstanding the Respondent's motion, a junk removal contractor retained by the Commissioner delivered two dumpsters to the subject property on June 5, 2025. In the meantime, a tentative agreement between the parties under which the Respondent would purchase the Petitioner's interest is on hold due to conditions at the property for which the Petitioner believes he will be held responsible by the Town of Bedford. The primary offending condition, according to the Petitioner and the Town of Bedford, is the presence of eight cars, none of which are operational, which the Respondent has stored in his yard for many years. The Town of Bedford has asserted in a letter dated May 19, 2025 that the conditions at the subject property, including the presence of the eight cars, violate the State Sanitary Code at 105 CMR 410 et seq. and the Nuisance Law at G. L. c. 111, 122 and, thus, must be remedied, beginning with the removal of the cars. The Respondent disputes that the cars violate any applicable code, regulation, or statute and represented to the court that he plans to restore the cars to operable condition after he purchases the Petitioner's interest in the subject property and builds a garage. The Town of Bedford urged the court to order the removal of the cars citing two unreported Appeals Court cases: Town of Brookfield v. Holdcraft, 98 Mass.App.Ct. 1114 (2020) and Board of Health of Leominster v. Plette, 91 Mass.App.Ct. 1129 (2017). Now, having reviewed both decisions, the court concludes that neither case supports the authority of this court, in its current posture, to order the removal of the Respondent's cars. The Town of Brookfield case involved a zoning enforcement action in which the property owner entered into an agreement for judgment admitting that the conditions at his property violated the local zoning ordinance and agreeing to take certain actions to remedy those conditions. After the property owner failed to perform under an agreement for judgment, the town filed a complaint for contempt. The trial court ruled in favor of the town on the contempt complaint thus allowing the town to take steps to remove the "illegally stored junk, debris, and salvage materials." In the Leominster case, the board of health commenced an action against a property owner for alleged violations of the local code concerning an "extremely cluttered" yard. After hearing, the Housing Court found in favor of the board of health and entered an order to enforce the sanitary code that included a directive to the property owner to remove the items that cluttered the yard. When the property owner failed to comply with the order, the Housing Court appointed a receiver to clear the premises, remove some personal property to short- and long-term storage, and to sell other personal property. On appeal, the court affirmed the broad authority of the trial judge to issue orders to enforce the sanitary code. Here, the Town seeks to put the cart before the horse. There has not yet been a finding that the Respondent's cars constitute a violation of the State Sanitary Code, only the allegation. Furthermore, the Respondent has never admitted that any condition on his property violates the State Sanitary Code or any other local or state regulation or statute. Indeed, the Respondent maintains that he is in compliance with all applicable regulations or statutes. He is entitled to challenge the Town's allegations in the appropriate forum. Thus, this court has no authority to declare the condition of the subject property to be in violation of the State Sanitary Code and the Nuisance Law as asserted in the Town's May 19, 2025 letter and, with it, no authority to order the removal of the cars currently stored there. It is now clear that the parties are at an impasse solely because of the cars. The Respondent refuses to remove the cars that offend the Town and the Town refuses to relieve the Petitioner of responsibility for the alleged violations, even though he did not create the condition. As a result, the Petitioner refuses to sell his interest in the subject property to the Respondent as previously agreed. The solution is to authorize the Commissioner to market the subject property for sale on the open market "as is." Under the authority set forth in the warrant issued to the Commissioner on May 20, 2025, and in accordance with the terms of the court's Fourth Order Relating to the Partition of 62 Carlisle Road, Bedford dated May 17, 2024, the Commissioner is authorized to begin marketing the Property for sale on the open market on or after July 21, 2025. In the meantime, the Petitioner, the Respondent and the Town should take every reasonable step, including compromise, to consummate the agreement under which the Petitioner will convey his interest in the subject property to the Respondent. In light of this order, the Commissioner need not follow through with the non-car related cleanup contemplated in the Court's May 20, 2025 order as the costs to complete that work would be an unnecessary expense if the subject property is to be sold on the open market. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Defendant Intervenor: Nina L Pickering-Cook, Esq. [email protected] Defendant Intervenor: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 350 Main STreet Third Floor PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 06/16/2025 10:46:27
- Motion of Stephen Kazarian, dated July 1, 2025, filed.
- Response of Partition Commissioner to Defendant's July 1 Filing, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Motion of Stephen Kazarian, dated July 1, 2025 Date: 07/15/2025 Time: 10:30 AM (To be held: on-site at the courthouse)
- Event Resulted: Motion scheduled on: 07/15/2025 10:30 AM Has been: Held in person Hon. Kevin T. Smith, Presiding July 15, 2025. Emergency Motion Hearing held in person at the Land Court. Attorney Sean Cullen appeared on behalf of the Petitioner, Dickran Kazarian. Respondent Stephen Kazarian appeared pro se. Attorney Martell Johnson appeared on behalf of the intervenor, Town of Bedford. Attorney Jordan Shapiro, Partition Commissioner, also appeared. This is an action for partition of property located at 62 Carlisle Road in Bedford. Before the court is Respondent Stephen Kazarian's motion requesting that the court order the sale of the property by set off to him, with a hold-harmless provision favoring the Petitioner, and otherwise releasing the Petitioner from liability to the Town of Bedford for alleged health code violations. The court explained that it cannot force the Petitioner to sell his interest and cannot release the Petitioner from responsibility to the Town as proposed by the Respondent. The court encouraged the Respondent to contact Commissioner Shapiro and Attorney Cullen to reach an agreement to purchase that may include a hold-harmless provision as proposed in the Respondent's motion. The Respondent requested additional time to reach such an agreement. The court denied this request. Commissioner Shapiro is authorized to begin marketing the property no earlier than July 21, 2025. If the parties enter into productive settlement discussions, Commissioner Shapiro may delay marketing the property at his discretion. For now, it will not be necessary for Commissioner Shapiro or a listing agent to enter the house as part of marketing the property for sale. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Defendant Intervenor: Nina L Pickering-Cook, Esq. [email protected] Defendant Intervenor: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 350 Main STreet Third Floor PO Box 392, Malden, MA 02148 Defendant: Stephen Kazarian 44 North Road, Bedford, MA 01730 Sent On: 07/15/2025 12:15:24
- CORRECTION: Due to clerical error, the following correction was made to the docket on July 17, 2025: The corrected language is "Third Report of Partition Commissioner and Response to Two Motions of the Defendant, filed" and the following original text is stricken: "Third Report of Partition Commissioner, filed." Entry dated 05/11/2023. Image for said entry was also replaced with the correct image, as the previous image was a filing for a different Land Court case.
- Motion for Court Order Authorizing Jordan L. Shapiro, Partition Commissioner to Sell (with Proposed Order Annexed), filed.
- Appearance of Gregg Stanley Haladyna, Esq. for Stephen Kazarian, filed
- Scheduled Judge: Smith, Hon. Kevin T. Event: Motion for Court Order Authorizing Jordan L. Shapiro, Partition Commissioner to Sell (with Proposed Order Annexed) Date: 09/03/2025 Time: 09:00 AM To be held: via video conference
- Opposition of Respondent Stephen Kazarian to Motion for Court Order Authorizing Jordan L. Shapiro, Partition Commissioner, to Sell, filed.
- Petitioner Dickran Kazarian's Reply to Respondent Stephen Kazarian's Opposition to Motion for Court Order Authorizing Commissioner Jordan Shapiro to Sell Property, filed.
- Event Resulted: Motion scheduled on: 09/03/2025 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding September 3, 2025. Motion Hearing held via videoconference. Attorneys Jon Friedmann and Sean Cullen appeared on behalf of the Petitioner, Dickran Kazarian. Attorney Gregg Stanley Haladyna appeared on behalf of the Respondent, Stephen Kazarian. Attorney Martell Johnson appeared on behalf of Defendant Intervenor Town of Bedford. Partition Commissioner Jordan Shapiro also appeared. Attorney Scott Sellers appeared on behalf of the third-party prospective buyer of the subject property. Before the court is Commissioner Shapiro's Motion for Court Order Authorizing Jordan L. Shapiro, Partition Commissioner to Sell; Respondent Stephen Kazarian's Opposition; and Petitioner Dickran Kazarian's Reply. Commissioner Shapiro explained that he has received a cash offer from a prospective third-party buyer and requests authority to accept the offer and proceed to a closing. Respondent, Stephen Kazarian, opposed the Commissioner's motion and requests 45 days to secure financing to purchase the property for $706,000, which exceeds the third-party offer by $1,000.00, and to have Dickran Kazarian released from liability by the Town. Dickran Kazarian requested that the court accept Commissioner Shapiro's request for authority to sell the subject property pursuant to the third-party offer which is the subject of the Commissioner's motion. Following colloquy, the court took the matter under advisement. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Defendant: Gregg Stanley Haladyna, Esq. [email protected] Defendant Intervenor: Nina L Pickering-Cook, Esq. [email protected] Defendant Intervenor: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 350 Main STreet Third Floor PO Box 392, Malden, MA 02148 Sent On: 09/04/2025 11:45:15
- Amended Warrant to Commissioner Jordan l. Shapiro to Sell 62 Carlisle Road, Bedford by Private Sell, issued. Copies sent to Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Defendant: Gregg Stanley Haladyna, Esq. [email protected] Defendant Intervenor: Nina L Pickering-Cook, Esq. [email protected] Defendant Intervenor: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 350 Main Street Third Floor PO Box 392, Malden, MA 02148 Judge: Smith, Hon. Kevin T.
- Respondent Stephen Kazarian's Motion for Reconsideration, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Respondent Stephen Kazarian's Motion for Reconsideration Date: 10/10/2025 Time: 09:00 AM To be held: via video conference
- Petitioner's Opposition to Respondent's Motion for Reconsideration, filed.
- Position of Partition Commissioner in Response to Respondent's Motion for Reconsideration, filed.
- Event Resulted: Motion scheduled on: 10/10/2025 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding October 10, 2025. Motion for Reconsideration held via video conference. Attorneys Jonathon Friedmann and Sean Cullen appeared on behalf of the Petitioner, Dickran Kazarian. Attorney Gregg Stanley Haladyna appeared on behalf of the Respondent, Stephen Kazarian. Attorney Martell Johnson appeared on behalf of Defendant Intervenor, Town of Bedford. Partition Commissioner Jordan Shapiro also appeared. Attorney Scott Sellers appeared on behalf of the third-party prospective buyer of the subject property. Anthony Catallo, the Broker's representative, was also in attendance. The court previously allowed Partition Commissioner Jordan Shapiro's Motion to Sell the subject property to the third-party prospective buyer and issued a warrant to sell. Before the court is the Respondent Stephen Kazarian's Motion for Reconsideration, Petitioner's Opposition, and Position of Partition Commissioner in Response to Respondent's Motion for Reconsideration. Attorney Haladyna argued that circumstances have changed since the court's issuance of the warrant to sell. Specifically, he reported that Stephen Kazarian recently discovered that he owns shares of stock in Exxon Mobil Corporation and American Electric Power that have a cash value of more than $107,000 which, once liquidated, will give him sufficient monies to complete the purchase of the property. He also argued that the court's issuance of the warrant to the Commissioner to sell to the third-party buyer is unfair to Stephen Kazarian, because the court did not impose an obligation on the buyer to remove certain personal property as part of the transaction to purchase the property which, according to Attorney Haladyna, the court imposed on Stephen Kazarian. Following discussion, the court took the motion under advisement. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Defendant: Gregg Stanley Haladyna, Esq. [email protected] Defendant Intervenor: Nina L Pickering-Cook, Esq. [email protected] Defendant Intervenor: Martell Johnson, Esq. [email protected] Commissioner: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 350 Main STreet Third Floor PO Box 392, Malden, MA 02148 Sent On: 10/10/2025 13:36:42
- Order on Respondent's Motion for Reconsideration, issued. (Copies emailed to Attorneys Jonathon Friedmann, Sean Cullen, Gregg Haladyna, Nina Pickering-Cook, Martell Johnson, and Jordan Shapiro) Judge: Smith, Hon. Kevin T.
- Pro Se Stephen Kazarian's Emergency Motion to Stop the Sale of 62 Carlisle Road, filed.
- Emergency Motion to Compel Respondent to Vacate Premises and/or Authorize Entry, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing on Emergency Motions Date: 10/20/2025 Time: 10:30 AM To be held: on-site at the courthouse
- Response of Respondent Stephen Kazarian to the Emergency Motion to Compel Respondent to Vacate Premises and/or Authorize Entry, filed.
- Event Resulted: Motion scheduled on: 10/20/2025 10:30 AM Has been: Held in person Hon. Kevin T. Smith, Presiding October 20, 2025. Motion Hearing held in the Land Court. Attorney Sean Cullen appeared on behalf of the Petitioner, Dickran Kazarian. Attorney Gregg Stanley Haladyna appeared on behalf of the Respondent, Stephen Kazarian, who was also present. Attorney Martell Johnson appeared on behalf of Defendant Intervenor, Town of Bedford. Partition Commissioner Jordan Shapiro appeared by video conference. Attorney Scott Sellers appeared by video conference on behalf of the third-party prospective buyer of the subject property. Before the court were the Respondent's Emergency Motion to Stop the Sale of 62 Carlisle Road to third-party buyer, Domenico Gallinelli, and the Partition Commissioner's Emergency Motion to Compel Respondent to Vacate Premises and/or Authorize Entry. The court notified the parties that a copy of the purchase and sale agreement executed by the Commissioner with the third-party has not been submitted for the court's review. Attorney Haladyna first addressed the suggestion in the Commissioner's motion that Stephen does not reside at the property that is the subject of this partition. He informed the court that Stephen is, in fact, residing full-time at the property and submitted an affidavit from Stephen's daughter, Trinity Nolan, as further evidence that he lives there. The Nolan affidavit was marked as Hearing Exhibit 1. Attorney Haladyna argued that circumstances have changed, again, and that Stephen now has sufficient funds to purchase the property from his brother, Dickran Kazarian. Stephen's daughter and ex-wife have each agreed to contribute $10,000.00 towards Stephen's effort to purchase the property. That additional money plus the money Stephen expects to receive upon the liquidation of certain stocks ($107,000) will provide him with approximately $397,000.00 in cash to complete the purchase. Attorney Cullen, on behalf of Dickran, opposed Stephen's motion on the grounds that Stephen has not demonstrated that he will have sufficient funds to pay the purchase price, plus the substantial expenses of the sale, because his liquidation of the stock will not net him the full $107,000.00 after income taxes are deducted. Furthermore, Dickran has demanded that the Town of Bedford provide him with a release of liability for the condition of the property that is the subject of an alleged violation of certain Board of Health and/or Department of Environmental Protection regulations. He argued that the Town is willing to provide such a release to Dickran only if the property is sold to the third-party buyer. He contends that, without the release, Dickran will remain liable for any violations at the property even after he has sold his interest to either Stephen or the third-party buyer. Attorney Johnson expressed support for sale of the property to the third-party buyer given its assurances that it will clean up the property. Attorney Johnson explained that the Town has a right of action against Dickran, even if he sells his interest to Stephen. Commissioner Shapiro expressed concern about Stephen's ability to acquire sufficient funds to purchase Dickran's interest, Stephen's failure to vacate the property and remove his personal property, and the risk of losing the third-party buyer if the closing is delayed any further. Before making a decision, the court requested the following: - By October 24, 2025, Stephen must provide credible evidence to the court of the exact amount of money he will receive upon the liquidation of the stock and the date on which the stock can be sold and money transmitted to Stephen. - By October 24, 2025, Stephen must provide credible evidence that he has custody or control over the contributions of money which he has represented will be made by Trinity Nolan and Katherin Dunne. - By October 24, 2025, Stephen must identify the earliest possible date on which he will be ready to close on his purchase of Dickran's interest in the property. - By October 24, 2025, Attorney Johson to report to the court the legal basis for any claim that Dickran will remain liable to the Town for violations at the property that exist as of the date of sale of his interest; and whether and how the Town of Bedford, or one of its offices or boards, will accede to Dickran's demand that the Town release him from liability for any violations of state or local regulations related to the condition of the property upon the sale of his interest. - Concerning the purchase and sale agreement with the third-party buyer, during the hearing, counsel for the third-party buyer sent an email to Sessions Clerk William Merritt with a copy of the agreement as an attachment. The court will treat the copy as Hearing Exhibit 2. Upon receipt of the requested information, the court will take the motions under advisement and rule expeditiously. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jonathon David Friedmann, Esq. [email protected] Plaintiff: Sean B Cullen, Esq. [email protected] Defendant: Gregg Stanley Haladyna, Esq. [email protected] Defendant Intervenor: Nina L Pickering-Cook, Esq. [email protected] Defendant Intervenor: Martell Johnson, Esq. [email protected] Sent On: 10/20/2025 16:27:19 Sent via email on 10/20/2025 to: Commissioner: Jordan L Shapiro, Esq.
- Hearing Exhibits for Motion Hearing held on October 20, 2025.
- Respondent Stephen Kazarian's Response to Court's Request, filed.
- Intervenor Town of Bedford's Response to Court's Request, filed.
- Petitioner Dickran Kazarian's Reply to Respondent Stephen Kazarian's Response to Court's Request, filed.
- October 29, 2025. The court requests that the commissioner file a report or letter that indicates his fees and expenses to date, as well as an estimate of the final number after a sale of the property takes place. (Smith, J.). Judge: Smith, Hon. Kevin T. (Sent via email to counsel on 10/29/2025)
- Eleventh Report of Partition Commissioner, filed.
- Decision on Respondent's Emergency Motion to Stop the Sale of 62 Carlisle Road, issued. (Copies emailed to Attorneys Jonathon Friedmann, Sean Cullen, Gregg Haladyna, Nina Pickering-Cook, Martell Johnson, and Jordan Shapiro) Judge: Smith, Hon. Kevin T.
- Second Amended Warrant to Commissioner Jordan L. Shapiro to Partition 62 Carlisle Road, Bedford by Setoff, issued. (Copies emailed to Attorneys Jonathon Friedmann, Sean Cullen, Gregg Haladyna, Nina Pickering-Cook, Martell Johnson, and Jordan Shapiro) Judge: Smith, Hon. Kevin T.
- Petitioner Dickran Kazarian's Emergency Motion for Extension of Time to Submit Claim for Adjustment, filed.
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