929 N.E.2d 357
No. 09-P-1368.Appeals Court of Massachusetts.
July 1, 2010.
DECISIONS PURSUANT TO RULE 1:28.
The judgment of liability against defendant Manuel Faria under count one is affirmed. The judgments or final orders of no liability in favor of defendants Manuel Faria and Isauro Santos under counts two, three, and four are affirmed. Any judgment or final order in favor of defendant Isauro Santos under count one is vacated and that count is remanded for new trial. The final judgment in favor of defendants Manuel Faria, Isauro Santos, and Paul Faria under count five is vacated, and that count against all three defendants is remanded for further proceedings consistent with this memorandum and order. Any judgment or final order in favor of defendant Isauro Santos under count six is vacated and that count is remanded for further proceedings. Any such proceedings shall proceed with a new judge.