Category: Massachusetts District Court Appellate Division Opinions

Cavrok Products Company vs. Dacor Inc. Massachusetts Appellate Division, Western District. November 18, 1980. Present: Walsh, P.J., Larkin Cimini[*] JJ. [*] Honorable Frank W. Cimini sat on the panel and heard oral arguments in this case but did not participate in the deliberation or preparation of this opinion. Contract, Sales; Unilateral Right to Terminate Damages, […]

Phillip J. Roos, Jr. vs. David G. Lamontaigne, and others[1] Massachusetts Appellate Division, Southern District. August 9, 1999. [1] “Lamontaigne Burial Vault, Inc. and The Edant Truck Rental Corporation. Present: Aguiar, P.J., Welsh Crimmins, JJ. Negligence, of motorist Tort, Personal injuries; Motor vehicle accident Practice, Civil, Right to jury trial, Preservation of. Opinion vacating judgment […]

Jill Chaban vs. Business West, Inc. Massachusetts Appellate Division, Western District. May 3, 2000. Present: LoConto, P.J., Merrigan Rutberg, JJ. Contract, Sales commission, Failure to pay. Practice, Civil, Dist/Mun. Cts. R A. D. A., Rule 5; Dist/Mun. Cts. R Civ. P., Rule 60 (b). Opinion vacating allowance of plaintiffs motion for relief from default judgment […]

Bachan Chawla vs. J L Musto Construction, Inc. Massachusetts Appellate Division, Southern District. October 10, 2003. Present: Wheatley, P.J., Welsh Barrett, JJ. Practice, Civil, Dist./Mun. Cts. R.A.D.A., Rule 8A; Motion to vacate judgment of dismissal, Denial of; Failure to answer interrogatories. Opinion affirming decision denying plaintiff’s motion to vacate dismissal judgment. Motion heard in the […]

Antonia McCrimmons vs. Century Pacific Housing Partnership, Ltd., and another[1] Massachusetts Appellate Division, Western District. June 22, 1998. [1] Century Pacific Realty Corporation. Present: LoConto, P.J., Merrigan Brennan, JJ. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C; Dismissal of appeal Rules of Court, Mass. R. Civ. P., Rule 60(a) Words, “Clerical mistake.” Opinion […]

Charles G. Lee, II v. Premier Insurance Company. Massachusetts Appellate Division, Western District. July 30, 2009. Present: LoConto, P.J., Brennan Gardner, JJ. Damages, Double; Counsel fees. Contract, Breach. Consumer Protection, G.L.c. 93A. Insurance, “Personal injury protection” benefits; G.L.c. 176D. Opinion reversing trial court judgment for plaintiff on his G.L.c. 93A claim and an award of […]

Berkshire Roofing, Insulation Supply Company, Inc. vs. Elizabeth Bernstein Massachusetts Appellate Division, Western District. October 18, 1991. Present: Turcotte, P.J., Brennan LoConto, JJ. Contract, For home renovation and tree removal work; Breach Consumer Protection, G.L.c. 93A; Unfair and deceptive practices Damages, Quantum meruit; Attorney’s fees Practice, Civil, Requests for rulings; Findings; Motion to amend findings […]

Richard P. Boyer, Jr., PPA and others[1] vs. Edward Russell and others[2] Massachusetts Appellate Division, Western District. August 28, 1986. [1] Margaret A. Boyer and Margaret A. Boyer. [2] Robert LaPointe, and Richard P. Boyle as trustee of Dick Boyle Realty Trust. Present: Turcotte, P.J., Lenhoff Dohoney, JJ. Tort, Dog bite Practice, Civil, Dist./Mun. Cts. […]

Bank of America, N.A. v. Francis M. Sheehy. Massachusetts Appellate Division, Western District. June 2, 2009. Present: Brennan, Rutberg Cote, [1] JJ. [1] Justice Kenneth M. Cote participated in the hearing of this case, but did not participate in this Opinion. Banks and Banking, Credit card debt. Practice, Civil, Motion for summary judgment; Motion to […]

Roberta Golden, Esq., and another[1] vs. New England Horsemen’s Benevolent Association, Inc., and another[2] Massachusetts Appellate Division, Northern District. June 26, 2003. [1] Law offices of Roberta Golden. [2] Charles Andre as Executive Secretary. Present: Merrick, P.J., Curtin Wright, JJ. Contract, For legal services; Breach; Statute of limitations Practice, Civil, Dist./Mun. Cts. R. A. D. […]

Alex Pizzochero, and another[1] v. Nicholas Vergados, and another.[2] Massachusetts Appellate Division, Northern District. August 27, 2007. [1] Maggie Pizzochero. [2] Constance Vergados. Present: Greco, P.J., Coven Brant, JJ. Tort, Negligent infliction of emotional distress. Evidence, Of headaches and nausea. Opinion affirming trial court judgment. Action tried in the Lowell Division before Ostrach, J. Brian […]

Eleanor Govoni vs. General Hospital Corporation and others[1] Massachusetts Appellate Division, Northern District. March 8, 1990. [1] Revere Business Development Corporation, Eastern Building Services, a/k/a Eastern Cleaning Contractors, Inc. and Post Office Professional Building Condominium Associates. Present: Forte, Banks Flatley, JJ. Real Property, Liability of unit owner for negligent maintenance of common areas within commercial […]

Melissa Brown vs. Joseph A. Perkins, and another[1] Massachusetts Appellate Division, Northern District. October 11, 2001. [1] Christopher Perkins. Present Merrick, P.J., Coven Curtin, JJ. Landlord and Tenant, Summary process action; Possession; Notice of termination of tenancy at will. Practice, Civil, Dist/Mun. Cts. It A D. A., Rule 8A; Requests for admissions; Requests for rulings; […]

API Leasing, Inc. v. Peter Zagorianakos. Massachusetts Appellate Division, Municipal Court. January 13, 2005. Present: Ziemian, P.J., Lu Sullivan, JJ. Contract, Equipment rentals; Breach. Practice, Civil, Motion to amend complaint; Doctrine of judicial estoppel. Opinion dismissing defendant’s appeal. Case heard by Horgan, J. Nicholas A. Abraham for the plaintiff. Isaac H. Peres for the defendant. […]

Commonwealth of Massachusetts vs. Donald A. Adams, Jr. Massachusetts Appellate Division, Northern District. August 9, 1990. Present: Forte Furnari, JJ. Motor Vehicles, Civil infraction; Finding of responsibility Constitutional, Right to jury trial Evidence, Discovery. Report of court’s affirmance of finding of responsibility and dismissal of defendant’s appeal. Action heard in the Framingham Division by Campion, […]

Alcibey A. Soares v. Law Offices Of Martin C. Liu Associates. Massachusetts Appellate Division, Northern District. May 4, 2011. Present: Greco, P.J., Coven Swan, JJ. Attorneys, Wrongful charging of fee. Consumer Protection, G.L.c. 93A. Contract, Breach. Tort, Unjust enrichment. Immigration, Permanent residency. Opinion affirming judgment for plaintiff. Action heard in the Cambridge Division by Singleton, […]

Robert W. Blanchette and others[1] vs. Boston and Taunton Transportation Company Massachusetts Appellate Division, Municipal Court. February 16, 1983. [1] Trustees of the Penn. Central Transportation Company. Present: Burnham, Grabau Mulligan, JJ. Contract, For services of common carrier Damages, Interline charges Statute of Limitations, Which applicable. Report of court’s dismissal of plaintiff’s report. Action heard […]

Commonwealth Of Massachusetts vs. Steven L. Marsden Massachusetts Appellate Division, Northern District. October 16, 1981. Present: Cowdrey, P.J., Forte Banks, JJ. Motor Vehicle, Minor criminal violations Practice, Civil, Appellate division: jurisdiction; Draft report. Report of dismissal of defendant’s report. Action heard in the Second District Court of Eastern Middlesex by Doyle, J. Kevin C. McLean […]

Robert LaVallee, and another[1] vs. Mogens V. Hermann Massachusetts Appellate Division, Western District. November 1, 1991. [1] Maureen LaVallee. Present: Dohoney, Beattie Brennan, JJ. Practice, Civil, Answer to decision and order. Report of court’s refusal to grant defendant further relief. Action heard in the Northampton Division by Peck, J. No counsel appearance for plaintiffs. Mogens […]

Walter J. Aspinwall, Jr., Inc., and another[1] vs. Albert Rohrbacher and another[2] Massachusetts Appellate Division, Southern District. March 2, 1989. [1] John E. Nolan. [2] Evelyn Rohrbacher. Contract, For plumbing work; Breach Practice, Civil, Default; Motion to remove default; Dist./Mun. Cts. R. Civ. P., Rule 55(c). Report of court’s reversal of trial judge’s ruling. Motion […]