Category: Massachusetts District Court Appellate Division Opinions

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 […]

Consolidated Rail Corporation vs. Commonwealth Fruit and Produce Massachusetts Appellate Division, Municipal Court. July 18, 1983. Present: Elam, C.J., Donovan O’Toole, JJ. Contract, for transportation and delivery of freight Damages, Demurrage charges Practice, Civil, Requests for rulings; Waiver of issue, Dist./Mun. Ct. R. Civ. P., Rule 64(f)Evidence, Waybills and audit statements as “business records.” Report […]

Jeanne M. Penney vs. William F. Thompson Massachusetts Appellate Division, Northern District. April 16, 1981. Bills and Notes, Promissory note Contract, For sale of real estate; Breach; Misrepresentation; Waiver Landlord and Tenant, Assignment of lease; Covenant not to sublet Practice, Civil, Findings of fact; Requests for rulings. Report of court’s action on plaintiff’s requests for […]

George E. MacLeod, III vs. John Hodgman[1] and another[2] Massachusetts Appellate Division, Southern District. April 7, 1981. [1] Director of the Massachusetts Division of Employment Security. [2] Acushnet Company, Rubber Division. Present: Lee, P.J., Rider Staff, JJ. Practice, Civil, Petition to establish report; Dist./Mun, Cts. R. Civ. P., Supp. Rule 140 Unemployment Compensation, Disqualification for […]

Edwin H. HOWARD v. IKO Manufacturing, Inc. Massachusetts Appellate Division, Northern District. July 20, 2011. Present: Gardner, Hadley MacLeod, JJ. Products Liability, Roof shingles; Warranty. Consumer Protection, G.Lx. 93A. Practice, Civil, Statute of limitations; Breach of warranty. Opinion affirming award of summary judgment for defendant on count 4 of plaintiff’s complaint, vacating summary judgment for […]

Ronald Alexander vs. Robert S. Jordan Massachusetts Appellate Division, Southern District. July 16, 1991. Present: Dolan, P.J., Kane Martin, JJ. Contract, For building construction; Breach; Failure to complete work Consumer Protection, G.L.c. 93A Practice, Civil, Findings; Dist./Mun. Cts. R. Civ. P., Rule 52. Report of court’s dismissal of plaintiff’s report. Action heard in the Orleans […]

Ruth E. Dineen vs. The Barbato Realty Trust and others[1] Massachusetts Appellate Division, Northern District. January 15, 1988. [1] John Barbato, trustee, and Mildred Barbato. Present: Doyle, P.J., Banks Bohn, JJ. Contract, For apartment rental; Breach Consumer Protection, G.L.c. 93A; Unfair and deceptive practices Tort, Conversion Practice, Civil, Requests for rulings. Judgment against defendant Mildred […]

Yefim Zimbovsky v. Yelena Tokar. Massachusetts Appellate Division, Southern District. September 7, 2005. Present: Williams, P.J.,[1] Dawley and Bernard, JJ. [1] The Honorable H. Gregory Williams, Presiding Justice, participated in the hearing of this appeal, but was unavailable for final deliberations, decision and the issuance of this Opinion. Landlord and Tenant, Summary process action; Possession; […]

Wen Y. Chiang v. Naomi Kuzoian. Massachusetts Appellate Division, Northern District. June 29, 2010. Present: Greco, P.J., Curtin Swan, JJ. Landlord and Tenant, Unpaid rent; Deprivation of quiet enjoyment; Misrepresentation of heating costs; Sanitary code infractions. Consumer Protection, G.L.C. 93A Opinion vacating judgment for defendant and returning case for new trial. Action heard in the […]

Cobble Hill Apartments Company[1] vs. Sandra McLaughlin Massachusetts Appellate Division, Northern District. June 23, 1999. [1] By its agent, CMJ Management Company. Present: Coven, Greco Curtin, JJ. Landlord and Tenant, Summary process action; Mentally-disabled tenant in federally-subsidized housing; Reasonable accommodations Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C. Opinion vacating judgment in plaintiff’s […]

Maine Drilling Blasting, Inc. vs. Lorusso Corporation Massachusetts Appellate Division, Southern District. February 28, 1986. Present: Black, P.J., Shubow Dolan, JJ. Contract, For labor and materials; Moneys owed Practice, Civil, Default; “Excusable neglect”; Motion to remove default and file answer late; Motion to remove judgment; Dist./Mun. Cts. R. Civ.P., Rules 60 (b) and 64. Report […]

Ramon L. Nieves, and others[1] v. Gustavo Marraquin, and others.[2] Massachusetts Appellate Division, Western District. December 8, 2009. [1] Igor I. Busanet, Igor A. Busanet, Luz M. Amarat, Luis A. Perez, and Cesar H. Bonilla. [2] Oscar Barrera, Jean C. Ocasio, and Magdalena Ortiz. Present: LoConto, Rutberg Gardner, JJ. Evidence, Discovery violations. Practice, Civil, Denials […]

Phyllis Cheek vs. Econo-Car Rental System of Boston, Inc. Massachusetts Appellate Division, Municipal Court. February 28, 1984. Present: Grabau, Donovan O’Toole, JJ. Negligence, Motor vehicle accident; Liability of car rental company. Report of court’s dismissal of plaintiff’s report. Action heard by Glynn, C.J. Winston Kendall for the plaintiff. Frank Handy, Jr. for the defendant. O’Toole, […]

Charlene A. Stevens, and another[1] vs. Bradlees, Incorporated. Massachusetts Appellate Division, Northern District. January 27, 1995. [1] Robert C. Stevens. Present: Sherman, P.J., Merrick Greco, JJ. Tort, Personal injuries Negligence, of department store in placement of ladder; Duty of care Practice, Civil, Service of process; Dist./Mun. Cts. R. Civ. P., Rule 4 (j); Motion to […]