Category: Massachusetts District Court Appellate Division Opinions

Pine Hill Estates Inc. vs. Rita Stone Massachusetts Appellate Division, Southern District. July 30, 1986. Present: Black, P.J., Shubow Dolan, JJ. Landlord and Tenant, Summary process Practice, Civil, Motion to extend time for approval of draft report. Report of court’s denial of defendant’s motion. Action heard in the Taunton Division by Paul F.X. Moriarty, J. […]

Melissa A. Ganias vs. Arbella Mutual Insurance Company Massachusetts Appellate Division, Western District. August 11, 1999. Present: Brennan, Merrigan Rutberg, JJ. Insurance, “Personal injury protection” benefits Consumer Protection, G.L.c. 93A and 176D Practice, Civil, Summary judgment. Opinion vacating summary judgment for defendant and ordering remand. Summary judgment motion heard in the Uxbridge Division by John […]

Waterwheel Realty, Inc. vs. Anthony A. Mangiacotti[1] Massachusetts Appellate Division, Western District. December 31, 2001. [1] Carolyn J. Mangiacotti did not join in this appeal. Present Brennan, Merrigan Rutberg, JJ. Practice, Civil, Dist/Mun. Cts. R. A. D. A., Rule 8B; Appeal, Failure to preserve issues for. Opinion affirming trial court judgment Action heard in the […]

Simon Cohn another[1] vs. Francis Conway another[2] Massachusetts Appellate Division, Western District. November 14, 1980. [1] Gerald Levitch, doing business with the first named plaintiff as Cohn and Levitch. [2] Sharon Conway. Present: Walsh, P.J., Larkin Cimini,[*] JJ. [*] Honorable Frank W. Cimini sat on the panel and heard oral arguments in this case but […]

Jeffrey D. Vanskyhawk vs. Arbella Mutual Insurance Company Massachusetts Appellate Division, Western District. June 23, 2000. Present: Brennan, Merrigan Rutberg, JJ. Insurance, “Personal injury protection” benefits; Loss in earnings. Damages, Attorney’s fees. Opinion vacating judgment for the plaintiff and ordering entry of judgment for the defendant without costs. Case heard in the Westborough District Court […]

Loreto Calimlim and another[1] vs. Foreign Car Center, Inc. Massachusetts Appellate Division, Northern District. March 28, 1983. [1] Norma Calimlim. Present: Cowdrey, P.J., Forte Tiffany, JJ. Contract, For sale of motor vehicle; Breach of warranty Consumer Protection Act, G.L.c. 93A; Unfair trade practice Practice, Civil, Requests for rulings and findings; Motion for new trial; Dist./Mun. […]

The McLean Hospital Corporation vs. Stanley Rumage and another[1] Massachusetts Appellate Division, Northern District. June 28, 1985. [1] Benjamin Rumage. Present: Doyle, P.J., Banks Jodrey, JJ. Contract, For hospital care and services; Liability of parent for debts of adult offspring Evidence, Business record Practice, Civil, Findings; Requests for rulings; Dist./Mun. Cts. R. Civ. P., Rules […]

Leland Realty Corporation vs. Sumner Realty Corporation. Massachusetts Appellate Division, Southern District. June 13, 1994. Present: Dolan, P.J., Hurley Aguiar, JJ. Contract, Oral; For construction and sale of houses; Profits Damages, Calculation of Practice, Civil, Findings; Requests for rulings; Motion to amend judgment; Motion for new trial; Dist./Mun. Cts. R. Civ. P., Rule 59. Report […]

ARROW FINANCIAL SERVICES, LLC.[1] vs. ROBERT MANNETTA Massachusetts Appellate Division, Municipal Court. March 5, 2002. [1] Assignee of Bank One. Present Johnson, Bernstein Flaherty, JJ. Damages, Alleged credit debt. Opinion dismissing plaintiff’s appeal. Damage assessment proceeding held before Summerville, J. Gary H. Kreppel for the plaintiff. Robert Mannetta, pro se (filed no brief). Bernstein, J. […]

Robert Depattie vs. Victor M. Taylor[1] Massachusetts Appellate Division, Western District. February 7, 2001 [1] Doing business as Taylor Made Construction. Present: LoConto, P.J., Ripps Rutberg, JJ. Consumer Protection, G.L.c. 93A. Contract, Breach. Negligence, In home construction. Evidence, Sufficiency of. Damages, Assessment of Practice, Civil, Dist/Mun. Cts. R. A. D. A., Rule 8C; Requests 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 […]

Valerie A. Calia vs. Purity Supreme, Inc., d/b/a Heartland Supermarket Massachusetts Appellate Division, Southern District. April 18, 1997. Present: Aguiar, P.J., Crimmins, J.[*] [*] Although a member of the panel, Judge Welsh recused himself and took no part in the decision of this case. Tort, Fall on wet supermarket floor. Practice, Civil, Motion to vacate […]

Kittredge Equipment Company, Inc. vs. Ted’s Victorian Pub Restaurant, LLC, and others[1] Massachusetts Appellate Division, Western District. August 28, 2001. [1] “Ted Lynch and Teddy B. Realty, LLC. Present: LoConto, P.J., Brennan Rutberg, JJ. Contract, For sale of restaurant equipment; Forum selection clause in guaranty. Jurisdiction, Personal. Practice, Civil, Dist./Mun. Cts.R.A.D.A., Rule 8A Motion to […]