899 N.E.2d 918
No. 08-P-211.Appeals Court of Massachusetts.
January 26, 2009.
Decisions Pursuant to Rule 1:28.
That part of the partial summary judgment that
Page 1117
determines that “BAE’s recovery cannot reach beyond September 1, 2004,” is affirmed. The remainder of the judgment is reversed, and judgment shall enter for the plaintiff establishing the defendants’ liability for the period preceding September 1, 2004. The case is remanded to the Superior Court to determine the extent of such liability.