Category: Massachusetts District Court Appellate Division Opinions

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 […]

Remby Construction Company, Inc. vs. Elliot Milman and another[1] Massachusetts Appellate Division, Northern District. May 17, 1985. [1] Sabina Milman, doing business as Mary Jane Nursing Home. Present: Doyle, P.J., Forte Jodrey, JJ. Contract, For building construction Practice, Civil, Withdrawal of counsel; Denial of request for continuance; Motion for relief from judgment; Dist./Mun. Cts. R. […]

Anina Rasten vs. Yefim Zimbovsky Massachusetts Appellate Division, Northern District. June 30, 2000. Present: Merrick, P.J., Coven Greco, JJ. Tort, Defamation; Intentional infliction of emotional distress; Negligent infliction of emotional distress. Damages, Sanctions; Costs; Attorney’s fees. Practice, Civil, Dist./Mun. Cts. R.A.D.A., Rule 8A Special motion to dismiss pursuant to G.L.c. 231, § 59H. Opinion dismissing […]

Vindale Corporation vs. Cranberry Village, Inc. Massachusetts Appellate Division, Southern District. October 20, 1983. Present: Welsh, P.J., Silva Shubow, JJ. Contract, For sale of mobile home; Dealership commission Tort, Interference with advantageous relations Practice, Civil, Requests for rulings. Report of court’s vacation of finding on both the complaint and counterclaim and remand for new trial. […]

Louis M. Saab vs. Norton Family, Inc. Massachusetts Appellate Division, Northern District. June 29, 2000. Present Merrick, P.J., Coven Greco, JJ. Landlord and Tenant, Summary process action; Commercial lease; Doctrine of frustration of purpose. Damages, Past rent; Utility charges Practice, Civil, Dist./Mun. Cts. R.A.D.A., Rule 8C; Requests for rulings. Opinion dismissing plaintiffs appeal. Action heard […]

Paul J. Ronan v. Donaroma’s Nursery and Landscape Services, Inc. Massachusetts Appellate Division, Southern District. January 29, 2007. Present: Williams, P.J., Barrett Merrick, JJ. Contract, For planting of tree; Implied warranty of merchantability; Implied warranty of fitness for a particular purpose; Express warranty; Guaranty. Opinion affirming judgment for defendant. Action heard in the Edgartown Division […]

Gerald L. Nissenbaum[1] vs. Margaret F. McGovern Massachusetts Appellate Division, Northern District. November 8, 1995. [1] Doing business as Nissenbaum Law Offices. Present: Sherman, P.J., Coven Greco, JJ. Attorneys, Fee award as sanction for unprofessional conduct Contract, Breach Damages, Quantum meruit Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C. Opinion reversing allowance of […]

Jacqueline Polizzotti v. Jose Gomes, and another.[1] Massachusetts Appellate Division, Northern District. February 24, 2006. [1] Anna Gomes. Present: Merrick, P.J., Greco Curtin, JJ. Tort, Personal injuries. Negligence, Negligent entrustment; Negligent supervision. Practice, Civil, Summary judgment. Opinion affirming summary judgment for defendants. Summary judgment motions heard in the Salem Division by Cornetta, J. Christopher W. […]

Nina V.R. Dolan vs. Kevin Hickey and another[1] Massachusetts Appellate Division, Municipal Court. April 13, 1981. [1] Nancy Hickey. Present: Umana, Pino Hamlin, JJ. Attorney, Acting as fiduciary Bills and Notes, Promissory note; Assignment Contract, For sale of real estate Damages, For fraud Equity Jurisdiction, “Clean hands” doctrine Practice, Civil, Draft report; Requests for rulings. […]

Federal National Mortgage Association v. Davor Saric. Massachusetts Appellate Division, Southern District. August 19, 2010. Present: Williams, P.J., Merrick Hand, JJ. Landlord and Tenant, Summary process after foreclosure. Opinion vacating judgment for plaintiff and returning case for new trial. Action heard in the Wrentham Division by Canavan, J. Thomas J. Santolucito for the plaintiff. James […]

Bruce Whitman vs. Jane Sacchetti, and others[1] Massachusetts Appellate Division, Southern District. June 12, 2001. [1] Judith and Arthur Stinchfield. Present: Wheatley, P.J., Sabra Winslow, JJ. Negligence, of party to auto accident; Duty of care to investigating police officer; Causation. Tort, Personal injuries; Slip and fall on ice in driveway. Practice, Civil, Dist./Mun. Cts. R. […]

Masoud Shahidi v. George Michael,[1] and others.[2] Massachusetts Appellate Division, Southern District. November 22, 2005. [1] Also known as DGM Construction. [2] Dedham MRI, P.C., Medical Resources Inc. and Advanced Diagnostic Imaging, Inc. Present: Welsh, Barrett Bernard, JJ. Landlord and Tenant, Future rent, Loss of. Practice, Civil, Dist./Mun. Cts. R.A.D.A., Rule 5; Motion for partial […]

Frances A. Fedorowicz vs. Shaw’s Supermarkets, Inc. Massachusetts Appellate Division, Southern District. August 6, 1998. Present: Aguiar, P.J., Welsh Crimmins,[*] JJ. [*] Although a member of the panel, Judge Crimmins recused himself and took no part in this opinion. Tort, Personal injury; Slip and fall in supermarket Negligence, Of supermarket Practice, Civil, Motion for involuntary […]

Scott J. McGlashing, and another[1] vs. Mary E. Fabas, Inc., and another[2] Massachusetts Appellate Division, Southern District. November 16, 1994. [1] Susan L. McGlashing. [2] Sharon (Synosch) Barr. Present: Martin, Welsh, JJ. Tort, Misrepresentation Consumer Protection, G.L.c. 93A; Demand letter Evidence, Of damages Practice, Civil, Motion for involuntary dismissal; Dist./Mun. Cts. R. Civ. P., Rule […]

Ralph W. Whiteman, Jr. and another[1] vs. Brian A. Donelson and another[2] Massachusetts Appellate Division, Western District. July 3, 1981. [1] Richard W. Whiteman, doing business as Whiteman Brothers. [2] Shirley A. Donelson. Present: Walsh, P.J., Greenberg Mullaney,[*] JJ. [*] Judge Paul V. Mullaney’s term on the Appellate Division had expired prior to the filing […]

Irene Small v. Maxi Drug, Inc. Massachusetts Appellate Division, Southern District. April 21, 2011. Present: Merrick, Hand O’Shea, JJ. Tort, Personal injuries. Negligence, Of pharmacy. Practice, Civil, Summary judgment. Opinion vacating summary judgment entered for defendant and ordering return of action for trial. Summary judgment motion heard in the Dedham Division by Pomarole, J. Eugene […]

First Agricultural Bank vs. Rosa Cavalier and another[1] Massachusetts Appellate Division, Western District. April 30, 1987. [1] Gerry Mercier. Present: Turcotte, P.J., Larkin Dohoney, JJ. Contract, For sale of motor vehicle; Rescission. Report of court’s dismissal of defendants report. Action heard in the Pittsfield Division by Lenhoff, J. J. Peri Campoli for the plaintiff. Toni […]

Mattapan Medical[1] vs. Metropolitan Property and Casualty Insurance Company, and another[2] Massachusetts Appellate Division, Northern District. June 28, 2000. [1] Doing business as Blue Hill Physical Therapy. [2] Jean Pierre Gladimy. Present Merrick, P.J., Coven Curtin, JJ. Insurance, “Personal injury protection” benefits; Medical charges Practice, Civil, Dist./Mun. Cts. R.A.D.A., Rule 8A; Motion for summary judgment, […]

Betty Ann Luce vs. Salvatore Sillari Massachusetts Appellate Division, Northern District. December 20, 1990. Present: Forte, Banks Furnari, JJ. Tort, Personal injury; Slip and fall on apartment building stairway Negligence, Of landlord; Comparative Practice, Civil, Motion to amend findings and judgment or in the alternative for new trial; Findings, Subsidiary; Dist./Mun. Cts. R. Civ. P., […]