Category: Massachusetts District Court Appellate Division Opinions

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 […]

Marc DiDonato, and another[1] vs. Paul Mosher[2] Massachusetts Appellate Division, Northern District. August 15, 1996. [1] Lisa DiDonato. [2] Doing business as Mosher Home Inspections. Present: Sherman, P.J., Merrick Greco, JJ. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8A; Service of process, Insufficiency of; Dismissal. Opinion vacating judgment of dismissal. Motion to dismiss […]

Colleen Wetmore vs. Edward Whitehead, and another[1] Massachusetts Appellate Division, Southern District. October 27, 1998. [1] Patricia Whitehead. Present: Aguiar, PJ., Welsh Crimmins, JJ. Tort, Personal injuries; Fall on handicap ramp during snowstorm Negligence, of property owner Evidence, Sufficiency of. Opinion vacating judgment for plaintiff and ordering entry of judgment dismissing complaint on the merits. […]

Barry Rosemark,[1] and another[2] v. Alan Hunt. Massachusetts Appellate Division, Southern District. April 16, 2009. [1] As trustee of Rosemark Nominee Realty Trust. [2] Lynda Rosemark, as Trustee of Rosemark Nominee Realty Trust. Present: Williams, P.J., Merrick Singh, JJ. Landlord and Tenant, Summary process action. Opinion affirming judgment for plaintiffs. Action heard in the Quincy […]

Metro West Medical Associates, Inc.[1] v. Amica Mutual Insurance Company. Massachusetts Appellate Division, Northern District. June 29, 2010. [1] Doing business as Metro Medical Associates. Present: Greco, P.J., Coven Brant, JJ. Insurance, “Personal injury protection” benefits. Practice, Civil, Summary judgment. Opinion vacating summary judgment for defendant and returning case for trial. Action heard in the […]

Leonard Gilardi vs. Kay Leasing, Inc. and another[1] Massachusetts Appellate Division, Municipal Court. November 3, 1982. [1] Jacqueline Reilly Farrell. Present: Canavan, Umana Pino, JJ Negligence, Motor vehicle; Personal injuries Practice, Civil, Findings; Requests for rulings Rules of Court, Mass. R. Civ. P., Rule 16(a)(4) Evidence, Credibility. Report of court’s dismissal of plaintiff’s report. Action […]

David C. Brooks[1] v. Debra Connor. Massachusetts Appellate Division, Western District. January 26, 2006. [1] As Trustee of Infinite Realty Trust. Present: LoConto, P.J., Brennan Gardner, JJ. Landlord and Tenant, Commercial lease; Possession; Unpaid rent; Interference with right of quiet enjoyment; Frustration of commercial purpose. Consumer Protection, G.L.c. 93A. Damages, Harm to inventory. Practice, Civil, […]

Mary Pierce, and another[1] vs. Toys “R” Us — Massachusetts, Inc. Massachusetts Appellate Division, Northern District. June 30, 1998. [1] Robert Pierce. Judgment was entered for the defendant on Robert Pierce’s claim in Count II of the complaint. Present: Sherman, P.J., Coven Greco, JJ. Tort, Personal injury; Fall of high chair from store display Negligence, […]

FIA Card Services, NA[1] v. Zahra Bagheri. Massachusetts Appellate Division, Southern District. October 20, 2010. [1] Formerly known as MBNA America Bank. Present: Williams, P.J., Singh[2] O’Shea, JJ. [2] The Honorable Sabita Singh participated in the hearing, posthearing conference, and decision in this case before accepting an appointment to the Appellate Division, Northern District. She […]

MARTA BOHORQUEZ v. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY. Massachusetts Appellate Division, Northern District. August 10, 2000. Present Merrick, PJ., Coven Greco, JJ. Insurance, “Personal injury protection” benefits; Proof of loss. Damages, Pursuant to G.L.c. 90, § 34M for late payment of “personal injury protection” benefits; Costs; Attorney’s fees. Practice, Civil, Dist./Mun. Cts. R. A. […]

J. Thomas Marquis v. Edward A. Galasti and another.[1] Massachusetts Appellate Division, Northern District. September 8, 1982. [1] Josephine Galasti. Present: Cowdrey, P.J., Tiffany Banks, JJ. Practice, Civil, Petition to establish draft report: Timeliness; Motion for filing extension; Dist./Mun. Cts. R. Civ. P., Rule 64(c)(1)(ii) and (c)(5). Report of court’s denial of defendants’ petition to […]

Alan Michel v. Andre Pierre. Massachusetts Appellate Division, Northern District. July 27, 2006. Present: Greco, P.J., Coven Brant, JJ. Landlord and Tenant, Summary process action; Possession; Violation of G.L.C. 186, § 15. Contract, Breach of implied warranty of habitability; Interference with quiet enjoyment Consumer Protection, G.L.c. 93A. Damages, Counsel fees. Practice, Civil, Dist./Mun. Cts. R. […]

Mary Alexander vs. City of Boston, and another[1] Massachusetts Appellate Division, Municipal Court. June 8, 1993. [1] James Costello. Present: Tierney, C.J., Kelly Meagher, JJ. Negligence, Action against public employer Consumer Protection, G.L.c. 93A Jurisdiction, District Court; Superior Court Practice, Civil, Motion to dismiss; Motion to transfer. Report of court’s dismissal of plaintiff’s report. Motion […]

Bank of New York[1] v. John Apollos. Massachusetts Appellate Division, Northern District. September 19, 2008. [1] Trustee, CWMBS, Inc. CHL Mortgage Trust 2005-24 Mortgage Pass-through Certificate Series 2005-24. Present: Coven, Curtin Swan, JJ. Landlord and Tenant, Summary process appeal; Bond. Opinion reversing dismissal of defendant’s appeal and returning case to trial court for defendant’s immediate […]