Category: Massachusetts District Court Appellate Division Opinions

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 […]

Barron Chiropractic Rehabilitation, P.C. v. Premier Insurance Company of Massachusetts. Massachusetts Appellate Division, Northern District. June 29, 2010. Present: Greco, P.J., Coven Brant, JJ. Insurance, “Personal injury protection” benefits; G.L.c. 90, § 34M Consumer Protection, G.L.c. 93A Opinion affirming judgment for defendant. Action heard in the Lynn Division by Livingston, J. Francis A. Gaimari for […]

Trustees of the Cape Codder Condominium Association vs. John J. O’Brien[1] Massachusetts Appellate Division, Southern District. September 10, 1996. [1] Trustee of 14 Cape Codder Trust. Present: Martin, P.J., Welsh Minehan, JJ. Real Property, Condominium common assessments and late charges Practice, Civil, Request for report and draft report; Requests for rulings; Dist./Mun. Cts. R.A.D.A., Rules […]

Paul F. Embree, Jr. vs. Janet C. Dobson Massachusetts Appellate Division, Southern District. August 15, 1995. Present: Dolan, P.J., Hurley Aguiar, JJ. Practice, Civil, Motion to correct inconsistencies; Motion for new trial; Dist./Mun. Cts. R.A.D.A., Rule 8B Corporations, Personal liability of president, principal stockholder and director on corporate loans. Report of court’s dismissal of plaintiff’s […]

Michele Mercier vs. Liberty Mutual Insurance Company Massachusetts Appellate Division, Western District. November 7, 2000 Present: Merrigan, Brennan Rutberg, JJ. Insurance, Auto theft claim. Practice, Civil, “Warrant” requests; Findings. Opinion dismissing defendant’s appeal. Action heard in the Worcester Division by Robert L. Howarth, J. Paul L. Durkee for the plaintiff. Paul F. Lynch and Jane […]

Choice Health, Douglas Investment Group, Inc. v. Devcon Enterprises, Inc., and others.[1] Massachusetts Appellate Division, Western District. May 16, 2006. [1] Devcon Westfield, LLC, Brahm Associates and Brahm Associates II, LLC. Present: LoConto, P.J., Brennan Gardner, JJ. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rules 8C(b) and 14(b); Motion for extension of time to […]

Verdona Gordan[1] vs. Stephen Archer,[2] and another[3] Massachusetts Appellate Division, Northern District. June 10, 1999. [1] Executrix of the estate of Francisco Ferreira. [2] Doing business as A.A. Apartment Rentals. [3] Anthony Maniscalco. Present: Coven, Greco Wright, JJ. Landlord and Tenant, “Bait and switch” scheme Contract, Breach; Promissory estoppel Consumer Protection, G.L.c. 93A; Unfair and […]

Trustees of Laurelwood V Condominium Trust v. John J. Durante,[1] and others.[2] Massachusetts Appellate Division, Western District. September 30, 2010. [1] As trustee of Unit 2-86 Realty Trust. [2] ABN AMRO Mortgage Group, Inc. and The Educational Resources Institute, Inc. Present: LoConto, P.J., Rutberg Hadley, JJ. Real Property, Condominium; Unpaid common expense charges. Practice, Civil, […]

Paul Denaro vs. 99 Restaurant, Inc. Massachusetts Appellate Division, Northern District. November 12, 2002. Present: Coven, Greco Wright, JJ. Negligence, of restaurant Contract, Breach of implied warranty Tort, Personal injuries; Saimonella poisoning Practice, Civil, Dist/Mun. Cts. R.A.D.A., Rule 8A Summary judgment Opinion affirming summary judgment for defendant. Motion for summary judgment heard in the Malden […]

Theurer, Inc.[1] vs. Eaton-Turner, Inc. Massachusetts Appellate Division, Northern District. March 31, 1983. [1] Also known as Theurer Atlantic Incorporated. Present: Banks, Tiffany, JJ. Contract, Goods sold and delivered Agency, Scope of authority Practice, Civil, Motion for summary judgment; Petition to establish report; Failure to file pleadings; Dist./Mun. Cts. R. Civ. P., Rules 56 and […]

Theresa Barricelli vs. Burger King Corporation Massachusetts Appellate Division, Northern District. March 23, 1994. Present: Forte, Merrick Coven, JJ. Negligence, Of restaurant Tort, Slip and fall; Personal injury Evidence, Of causation; Testimony regarding wax build-up on floor Practice, Civil, Motions for directed finding. Report of court’s vacating of judgment for plaintiff and return of case […]

Shepard Spunt[1] vs. Robin R. Green, and others[2] Massachusetts Appellate Division, Northern District. February 24, 1994. [1] Trustee of the Dominion Trust. [2] Jerome Green and Lois Green. Present: Forte, Furnari Merrick, JJ. Landlord and Tenant, Order restraining tenant from permitting occupancy by non-tenant; Landlord’s claim for attorney’s fees Practice, Civil, Requests for rulings. Report […]

Ross Lay v. William H. Shaughnessy. Massachusetts Appellate Division, Northern District. January 22, 2010. Present: Greco, P.J., Cur tin Swan, JJ. Real Property, Summary process action; Sale for taxes. Practice, Civil, Motion for summary judgment. Opinion affirming judgment for plaintiff. Action heard in the Lawrence Division by Mark A. Sullivan, J. Jonathan J. Rossi for […]

Craig C. Raynor, and another[1] vs. William L. Luckert, and another[2] Massachusetts Appellate Division, Northern District. August 23, 1994. [1] Barbara Raynor. [2] Margaret N. Luckert. Present: Sherman, P.J., Furnari Coven, JJ. Contract, For sale of real estate; Buyers’ failure to fulfill land purchase obligations; Sellers’ retention of deposit Damages, Liquidated Practice, Civil, Summary judgment; […]

Taunton State Hospital v. L.P. Massachusetts Appellate Division, Southern District. December 13, 2010. Present: Williams, P.J., Merrick Ostrach, JJ. Practice, Civil, Civil commitment. Evidence, Treating psychiatrist’s testimony. Opinion dismissing respondent’s appeal. Action heard in the Taunton Division by Cunningham, J. Jeffrey J. Isaacson for the plaintiff. Tamara A. Barney for the defendant. Merrick, J. The […]

St. Jean Lighting Maintenance, Inc. vs. Joseph R. Gabrielle[1] Massachusetts Appellate Division, Western District. December 11, 1980. [1] Doing business as JJ Package Store. Present: Mullaney, Larkin McGuane, JJ. Contract, For Goods and Services; Reasonableness of Charges Practice, Civil, Requests for Rulings; Findings of Fact. Report of court’s review of the trial court’s denial of […]

Nancy Johnson v. Daryl Frye. Massachusetts Appellate Division, Southern District. May 18, 2005. Present: Williams, P.J., Welsh Barrett, JJ. Landlord and Tenant, Summary process action; Use and occupancy charges. Practice, Civil, Dist./Mun. Cts. R.A.D.A., Rule 8A; Motion to set aside writ of execution on money judgment. Opinion affirming allowance of defendant’s motion to set aside […]

Dan Roseme v. Edwine Tolbert. Massachusetts Appellate Division, Northern District. September 26, 2005. Present: Coven, Greco Brant, JJ. Negligence, Of motorist. Damages, Medical expenses for chiropractic treatment; Pain and suffering. Practice, Civil, Dist./Mun. Cts. R.A.D.A., Rule 8C; Motion for additur or new trial. Opinion dismissing plaintiff’s appeal. Action heard in the Cambridge Division by Merrick, […]

Thomas Zazzara vs. Paul R. Townsend, and others[1] Massachusetts Appellate Division, Municipal Court. March 28, 1994. [1] Francine Townsend and Mary N. Fazio, individually and as trustees of the Sandcastle Associates Trust. Present: Meagher, Chin Sullivan, JJ. Practice, Civil, Default; Motion to compel removal to Superior Court; Motion for relief from judgment; Judicial estoppel, Doctrine […]