Category: Massachusetts District Court Appellate Division Opinions

ROSS E. MITCHELL vs. MARTIN M. STEIN Massachusetts Appellate Division, Northern District. March 14, 2002. Present: Coven, Greco Wright, JJ. Tort, Malicious prosecution Practice, Civil, Dist/Mun. Cts. R.A.D.A, Rule 8A; Summary judgment Opinion reversing allowance of defendant’s summary judgment motion and returning case for trial. Summary judgment motion heard in the Newton Division by Klein, […]

Elaine A. Nevins another[1] vs. Alfred B. Tinker, Jr. Massachusetts Appellate Division, Southern District. November 18, 1980. [1] Delores Pokalski, Co-Executrix of the estate of the late Luella B. Carlson. In the docket entries, this Co-Executrix’ name is given as Delores Pokalski. In some court papers, including the report, however, she appears as Dolores Pohalski. […]

Phyllis Handy v. Robert Kraft, and another.[1] Massachusetts Appellate Division, Southern District. November 29, 2004. [1] Although it was not formally named as a party in the action, we treat Foxboro Realty Associates, LLC (“FRA”) as a party defendant since that is the entity that entered into the settlement agreement that is the subject of […]

Ricardo F. Chumbiray vs. Central-Chrysler Plymouth Jeep Eagle Massachusetts Appellate Division, Municipal Court. June 14, 1999. Present: Kelly, Hershfang Meagher, JJ. Consumer Protection, G.L.c. 93A Tort, Intentional infliction of emotional distress Damages, Statement of Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8A; Motion for removal to Superior Court. Opinion reversing denial of motion […]

Arthur R. Tosti vs. Pro-Tection, Inc. Massachusetts Appellate Division, Southern District. October 2, 1986. Present: Black, P.J., Staff Silva, JJ. Contract, Implied-in-law agreement; Production of franchise buyer Practice, Civil, Requests for rulings Damages, Value of services. Report of court’s dismissal of defendant’s report. Action heard in the Quincy Division by Criss, J. Robert J. Rutecki […]

Michael Lentz vs. Metropolitan Property Casualty Insurance Company Massachusetts Appellate Division, Northern District. April 9, 2001. Present: Coven, Curtin Wright. JJ. Insurance, Motor vehicle; Damage claim, Refusal to honor. Contract, Breach. Consumer Protection, G.L.c. 93A; Unfair and deceptive acts or practices. Evidence, Prior property damage claims; Portions of transcribed pretrial examination of plaintiff. Practice, Civil, […]

Michael F. Gillespie[1] vs. Daniel R. Steiger Massachusetts Appellate Division, Southern District. December 11, 1998. [1] As parent of Lori Gillespie Present: Aguiar, P.J., Wheatley Sabra, JJ. Tort, Personal injury; Dog bite Practice, Civil, Service of process, Timeliness of; Motion to limit running of interest. Opinion dismissing appeal. Case appealed from rulings made in the […]

Waters Brown, Inc. vs. Boston Better Business Machines Company, Inc. Massachusetts Appellate Division, Northern District. June 15, 1984. Present: Cowdrey, P.J., Forte Tiffany, JJ. Contract, For sale of cash register; Breach of warranties of merchantability and fitness for a particular purpose Consumer Protection, G.L.c. 93A; Unfair and deceptive practices Negligence, Bailee’s duty of care Practice, […]

Massachusetts Higher Education Assistance Corporation vs. Susan E. Daly Massachusetts Appellate Division, Southern District. March 18, 1996. Present: Martin, P.J., Hurley Rivard-Rapoza, JJ. Contract, Student loan; Money owed Practice, Civil, Motion to extend time to file appeal; Notice of appeal; Dist./Mun. Cts. R.A.D.A., Rule 4(c). Opinion dismissing plaintiff’s appeal. Motion to extend time to file […]

Professional Carpet System vs. Capitol Partners Management Company[1] Massachusetts Appellate Division, Northern District. March 25, 1994. [1] Doing business as Brennan Place Apartments. Present: Sherman, P.J., Forte Merrick, JJ. Contract, For services Evidence, Of corporate status Practice, Civil, Requests for rulings; Dist./Mun. Cts. R. Civ. P., Rules 9(a) and 11 (a). Report of court’s dismissal […]

ASheila I. Buzulis, and another[1] v. Mohegan Sun Casino,[2] and Others.[3] Massachusetts Appellate Division, Western District. September 25, 2006. [1] Michael J. Buzulis. [2] Also known as Mohegan Tribal Gaming Authority, also known as The Mohegan Tribe. [3] Mary Lou Hoopman, Risk Management and Jane Doe. Present: LoConto, P.J., Gardner Cote, JJ. Negligence, Of casino […]

A. John DeMarco, and another[1] vs. Granite Savings Bank Massachusetts Appellate Division, Northern District. June 11, 1993. [1] Roberta M. DeMarco. Present: Sherman, P.J., Forte Furnari, JJ. Contract, Pest inspection; Breach Tort, Negligent misrepresentation Consumer Protection, G.L.c. 93A; Unfair and deceptive acts or practices Practice, Civil, Requests for rulings; Motion to amend judgment; Dist./Mun. Cts. […]

Beth Dahlke vs. City of Springfield Massachusetts Appellate Division, Western District. December 14, 1988. Present: Dohoney, Lenhoff Larkin, JJ. Negligence, Maintenance of public way Practice, Civil, Default; Motion to remove default. Report of court’s dismissal of defendant’s report. Action heard in the Springfield Division by Barbalunga, J. Plaintiff, pro se, submitted brief but did not […]

Thomas S. Jessamey v. Norfolk Financial Corporation, and others.[1] Massachusetts Appellate Division, Northern District. April 28, 2006. [1] South Coast Legal Services, Inc. and Daniel Ward Goldstone. Present: Merrick, Coven Brant, JJ. Consumer Protection, G.L.c. 93A. Civil Rights, Massachusetts Civil Rights Act, Violation of. Tort, Conversion; Abuse of process; Intentional infliction of emotional distress. Commercial, […]

Deborah Magni v. Patriot Home Improvement, and another[1] Massachusetts Appellate Division, Western District. January 11, 2008. [1] For U Builders, Inc. Present: LoConto, P.J., Brennan Rutberg, JJ. Contract, Breach; For installation of vinyl siding, windows and gutters; Unpaid balance. Consumer Protection, G.L.c. 93A. Damages, Double. Practice, Civil, Notice of appeal; Dismissal of appeal. Opinion letting […]

Exchange Street Auto Body, Inc. vs. Phillip Stockton Massachusetts Appellate Division, Northern District. September 21, 1982. Present: Cowdry, P.J., Forte Tiffany, JJ. Contract, For towing and storage of motor vehicle: Breach Garageman’s Lien, Notice requirement Damages, Storage fees Practice, Civil, Requests for rulings. Report of court’s entry of new judgment for plaintiff in the amount […]

Freda Cohen vs. Union Warren Savings Bank Massachusetts Appellate Division, Southern District. July 16, 1991. Present: Dolan, P.J., Kane Martin, JJ. Insurance, Life; Notice requirements Contract, Breach. Report of court’s vacating of judgment for defendant on Count I and entry of judgment for plaintiff in amount of $10,000, plus interest and costs. Action heard in […]

Rufus F. Walker, Trustee vs. Board of Appeals of Harwich and others[1] Massachusetts Appellate Division, Southern District. March 16, 1982. [1] The members of the Board of Appeals named in the Petition are: Walter C. Hemeon, John L. Roche, Eleanor Tobey, William J. Jussila, George N. Vagenas, Dean Derby, and Sara Ayer. The other defendants […]

JUDITH B. GRANDE v. PFL LIFE INSURANCE CO. Massachusetts Appellate Division, Northern District. September 27, 2000. Present: Merrick, P.J., Coven Curtin, JJ. Contract, Sale of life insurance policy; Breach. Tort, Conversion. Consumer Protection, G.L.c. 93A and 176D. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C. Opinion dismissing plaintiff’s appeal. Action heard in the […]

Patricia Gulino and another[1] vs. Sherwin-Williams Company vs. Patrick Grady Massachusetts Appellate Division, Northern District. May 16, 1988. [1] Emanual Gulino. Present: Doyle, P.J., Forte Ruma, JJ. Contract, Breach; Breach of warranty Tort, Negligence; Strict liability Practice, Civil, Third-party complaint for contribution; Motion to dismiss; Dist./Mun. Cts. R. Civ. P., Rule 12(b)(6). Report of court’s […]