Category: Massachusetts District Court Appellate Division Opinions

Oxford Business Brokers, Inc. v. Mary Moriarty. Massachusetts Appellate Division, Northern District. September 25, 2008. Present: Coven, Curtin Brant, JJ. Contract, Listing agreement; Breach. Consumer Protection, G.L.c. 93A. Damages, Commission; Counsel fees. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C; Motion for partial summary judgment. Opinion vacating judgment for plaintiff on Counts I […]

Samuel Nichols, Inc. vs. Anthony Koshivos and others[1] Massachusetts Appellate Division, Municipal Court. May 31, 1989. [1] James Koshivos, Open Hearth Restaurant Limited and Atha Piacopoulos. Present: Tierney, C.J., Donovan Kelly, JJ. Broker, Commission Contract, Listing agreement; Breach Practice, Civil, Petition to establish report; Verification requirements; Insufficient affidavit. Report of court’s denial of plaintiff’s petition […]

Ian Boehm, D.C. vs. Arbella Mutual Insurance Company Massachusetts Appellate Division, Northern District. July 24, 2003. Present: Merrick, P.J., Coven Curtin, JJ. Insurance, “Personal injury protection” benefits Evidence, Sworn written statement by claims adjustor, Automobile insurance policy Practice, Civil, Dist./Mun. Cts. R A. D. A., Rule 8C. Opinion vacating judgment for defendant and returning case […]

David A. White vs. Lumbermens Mutual Casualty Company Massachusetts Appellate Division, Southern District. April 11, 1983. Present: Welsh, P.J., Black Volterra[*] , JJ. [*] Judge Volterra participated as a member of the panel which heard oral arguments but became a Justice of the Superior Court Department prior to the promulgation of this opinion. Contract, Breach […]

Walter E. Davis and another[1] vs. Robert Bennett[2] Massachusetts Appellate Division, Northern District. March 3, 1982. [1] Cheryl A. Davis. [2] Doing business as Robert Construction. Present: Cowdrey, P.J., Forte Jodrey, JJ. Contract, Breach Practice, Civil, Motion to amend judgment; Motion to remove to Superior Court; Timely filing; Dist./Mun. Cts. R. Civ. P., Rule 59. […]

Joseph Mancuso vs. General Motors Acceptance Corporation Massachusetts Appellate Division, Southern District. June 21, 1993. Present: Dolan, P.J., Martin Welsh, JJ. Tort, Conversion of motor vehicle; Trespass Practice, Civil, Requests for rulings; Motion to dismiss; Standing; Dist./Mun. Cts. R. Civ. P., Rule 64(b) Report of court’s dismissal of defendant’s report. Action heard in the Quincy […]

Meir Yankelev et. ux.[1] vs. Steven J. Colletta et ux.[2] Massachusetts Appellate Division, Southern District. October 19, 1988. [1] Sara Yankelev. [2] Diane Colletta. Present: Black, P.J., Silva Shubow, JJ. Contract, for sale of real estate; Breach. Practice, Civil, Motion to dismiss draft report; Motion for late filing of draft report; Dist./Mun. Cts. R. Civ. […]

Reynolds Aluminum Building Products Company vs. Albert Leonard and another[1] Massachusetts Appellate Division, Southern District. September 13, 1984. [1] Mary Frances Leonard. Present: Welsh, P.J., Black Silva, JJ. Contract, For installation of solar hot water heating system; Breach Practice, Civil, Requests for admissions; Requests for rulings; Findings; Dist./Mun. Cts. R. Civ. P., Rule 64(a); Appellate […]

Beverly A. Hallisey v. Richard Ricardo, and another[1] . Massachusetts Appellate Division, Southern District. June 6, 2008. [1] John Fontes. Present: Williams, P.J., Merrick Hand, JJ. Negligence, Property damage. Evidence, Opinion testimony on damages. Practice, Civil, Motion for judgment notwithstanding the verdict. Opinion affirming verdict as to negligence liability, vacating jury’s assessment of damages and […]

Julie Ann Metivier, and another[1] vs. Liberty Mutual Insurance Company Massachusetts Appellate Division, Northern District. March 25, 1999. [1] Robert J. Metivier. Present: Merrick, P.J., Coven Wright, JJ. Insurance, Motor vehicle; “Comprehensive” coverage; Burden of proof as to “accidental” loss. Opinion dismissing plaintiffs’ appeal. Action heard in the Lowell Division by Curtin, J. Kenneth J. […]

Roberta Grigg v. Trustees of Allandale Condominium Trust. Massachusetts Appellate Division, Municipal Court. November 28, 2006. Present: Anderson, P.J., Leary Hanlon, JJ. Jurisdiction, Subject matter. Practice, Civil, Dismissal; Res judicata. Opinion reversing dismissal order and remanding case for further action. Motion to dismiss heard in the Boston Municipal Court by Curran, J. Henry A. Goodman […]

Edward A. DiBattista vs. Boston Public Works Commission, and another[1] Massachusetts Appellate Division, Municipal Court. April 21, 1995. [1] Boston Water Sewer Commission. Present: Johnson, Hershfang Summerville, JJ. Tort, Personal injuries; Defect in public way Practice, Civil, Motion to dismiss; Service of notice Words, “Person.” Report of court’s affirmance of trial court’s allowance of motion […]

Pinkerton’s, Inc. vs. Lewis Busconi[1] Massachusetts Appellate Division, Northern District. November 8, 1990. [1] Doing business as Leo Management. Present: Sherman, P.J., Furnari Flatley, JJ. Contract, For security services Agency, Undisclosed principal Practice, Civil, Findings of fact; Draft report, Inadequacy of; Dist./Mun. Cts. R. Civ. P., Rule 64; Petition to establish draft report. Report of […]

Thomas W. Deely vs. Boston Redevelopment Authority Massachusetts Appellate Division, Southern District. June 20, 1980. Present: Lee, P.J., Welsh Black, JJ. Jurisdiction, Appellate Division. Public Employment, Procedure: Review by District Court Department Practice, Civil, Motion For Relief From Judgment; Judicial Discretion. Report of court’s rulings on motions. Action heard in the West Roxbury Division by […]

Holyoke Medical Center, Inc.[1] v. Mani George[2] Massachusetts Appellate Division, Western District. February 8, 2011. [1] Formerly known as Holyoke Hospital, Inc. [2] Also known as Mani George, M.D., and as George Mani. Present: LoConto, P.J., Brennan Gardner, JJ. Contract, Breach; Commercial lease. Landlord and Tenant, Unpaid rent. Practice, Civil, Summary judgment. Opinion affirming summary […]

Taylor and Lloyd, Inc. vs. Russell Cummings[1] Massachusetts Appellate Division, Northern District. June 17, 1981. [1] Doing business as E S Transportation. Present: Forte, Tiffany Banks, JJ. Agency, Contractual liability of corporate officer Contract, For labor and materials Practice, Civil, Requests for rulings. Report of court’s denial of defendant/appellant’s requests for rulings. Action heard in […]

Ronald J. Diorio v. Alice A. Bragan, and another[1] Massachusetts Appellate Division, Northern District. January 26, 2000. [1] Kenneth A. Grunst. Present: Merrick, P.J., Greco Wright, JJ. Consumer Protection, G.L.c. 93A. Tort, Conversion of leased equipment Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C; Requests for rulings; General finding. Opinion dismissing plaintiff’s appeal. […]

Colin Tergliafera vs. Carol Smith Massachusetts Appellate Division, Western District. October 20, 1993. Present: Brennan, LoConto Dohoney, JJ. Practice, Civil, Petition to establish report; Attempted review of general finding. Report of court’s denial of appellant’s petition to establish report. Action heard in the Springfield Division by Dusek-Gomez, J. Louis Kerlinsky for the plaintiff. Robert Mack […]

Casualty Reciprocal Exchange vs. Fazio Enterprises, Inc. Massachusetts Appellate Division, Northern District. June 21, 1991. Present: Sherman, P.J., Banks Flatley, JJ. Insurance, Premiums owed Practice, Civil, Failure to comply with document production order; Dismissal; Dist./Mun. Cts. R. Civ. P., Rules 12(b) (6), 37 (b) (2), 41 (b) (3) and 64(i) Res Judicata, In general Damages, […]

John Kandralyan vs. Royal Insurance Company Massachusetts Appellate Division, Municipal Court. December 30, 1992. Present: Klubock, P.J., Zaleski McGill, JJ. Insurance, Auto theft polic Practice, Civil, Requests for rulings; Burden of proof. Report of court’s setting aside of judgment for defendant and remand for further proceedings. Action heard by Pino, J. Ralph Stein for the […]