Category: Massachusetts District Court Appellate Division Opinions

Citizens Bank of Massachusetts v. Michael Travers.[1] Massachusetts Appellate Division, Municipal Court. July 27, 2006. [1] Doing business as Lenox Artisan Galleries. Present: Desmond Forde, JJ. Contract, Commercial loan. Damages, Counsel fees. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C. Opinion affirming trial court’s award of attorney’s fees. Action heard by Lu, J. […]

Jonathan Hoch v. Armand J. Porrazzo. Massachusetts Appellate Division, Northern District. June 1, 2005. Present: Merrick, P.J., Curtin Brant, JJ. Tort, Intentional misrepresentation. Consumer Protection, G.L.c. 93A; Unfair and deceptive acts or practices. Contract, Breach of warranty. Practice, Civil, Motion to dismiss; Res judicata. Opinion reversing allowance of defendant’s motion to dismiss and returning case […]

Coolidge Bank and Trust Company vs. Tow Incorporated and another[1] Massachusetts Appellate Division, Northern District. May 12, 1981. [1] Robert Katz. Present: Cowdrey, P.J., Forte, J. Mechanic’s Lien, In general Practice, Civil, Failure to post bond; Notice requirements; Motion for relief from final judgment, Dist./Mun. Cts. R. Civ. P., Rule 60 Tort, Conversion of motor […]

James Donofrio vs. Boston Gas Company Massachusetts Appellate Division, Municipal Court. April 17, 1996. Present: Meagher, P.J., Dougan Summerville, JJ. Negligence, of utility company Tort, Personal injuries; Automobile accident; Settlement with one joint tortfeasor Practice, Civil, Requests for rulings; Dist./Mun. Cts. R. Civ. P, Rule 64 Words, “Reached.” Opinion affirming finding for plaintiff. Case heard […]

Joseph H. Levine, and another[1] vs. Nicholas Peters, and others[2] Massachusetts Appellate Division, Southern District. July 24, 1991. [1] Deborah Levine. [2] Dinyse Peters and ERA Hamil Realtors. Present: Dolan, P.J., Hurley Lombardo, JJ. Contract, For sale of real estate; Mortgage contingency clause Damages, Liquidated Practice, Civil, Findings Words, “Diligent efforts.” Report of court’s dismissal […]

Robert Taylor vs. Hingham Mutual Fire Insurance Company Massachusetts Appellate Division, Western District. November 7, 2000 Present: LoConto, P.J., Brennan Ripps, JJ. Contract, Breach. Insurance, Homeowners policy. Evidence, Insurance policy. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8A; Motion to dismiss. Opinion vacating judgment for the plaintiff on Count II of the complaint […]

Baybank Harvard Trust Company vs. Thomas F. Costello Massachusetts Appellate Division, Northern District. September 13, 1985. Present: Doyle, P.J., Forte Jodrey, JJ. Contract, Breach of warranty Bank and Banking, Conversion of check; False credit reporting; “Midnight Deadline Rule.”Practice, Civil, Requests for rulings; Findings; Dist./Mun. Cts. R. Civ. P., Rules 52(b) and 64(b) Uniform Commercial Code, […]

Brittany E. Hayes, ppa vs. Purity Supreme, Inc. vs. Maureen Hayes Massachusetts Appellate Division, Southern District. October 11, 2000 Present: Wheatley, P.J., Crimmins[1] Creedon, JJ. [1] Although Judge Crimmins participated in the hearing and the decision in this case, he did not sign the opinion because his term expired before the certification date. Tort, Personal […]

The Flooring Source, LLC v. Steven Maiuri,[1] and others.[2] Massachusetts Appellate Division, Northern District. August 18, 2011. [1] Doing business as Stephen Joseph Associates. [2] Joseph M Pelich, d/b/a Stephen Joseph Associates and as trustee of Lot #2 Russell Street Nominee Trust, Stephen Joseph Associates, LLC, and Franklin Pierce, LLC. Present: Greco, P.J., Coven Pierce, […]

David Craig Rogers vs. American Manufacturers Mutual Insurance Company Massachusetts Appellate Division, Southern District. September 17, 1980. Present: Lee, P.J., Welsh Black, JJ. Insurance, Automobile; Surcharge; M.G.L.c. 175, § 113 P Negligence, Motor Vehicle Accident Practice, Civil, Burden of Proof; Motion for Summary Judgment Res Judicata, “Issue Preclusion.” Report of court’s ruling denying plaintiff’s request […]

Edna S. Marcus v. City of Newton Massachusetts Appellate Division, Northern District. January 25, 2000. Present: Merrick, P.J., Curtin Wright, JJ. Tort, Personal injuries; Fall on city sidewalk. Negligence, of municipality. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C; Summary judgment. Opinion reversing trial court’s allowance of defendant city’s summary judgment motion and […]

Mark Gianelli vs. Vatco Industries, Inc. Massachusetts Appellate Division, Northern District. February 20, 1986. Present: Doyle, P.J., Forte Jodrey, JJ. Products Liability, Loss of vision Practice, Civil, Motion for reconsideration; Dist./Mun. Cts. R. Civ. P., Rules 33, 58 (a), 60 (b) (1) and 79 (a). Report of court’s remand order. Action heard in the Peabody […]

Virginia C. Mathews vs. Lord Taylor, Inc. Massachusetts Appellate Division, Northern District. October 28, 1983. Present: Cowdrey, P.J., Forte Jodrey, JJ. Negligence, Fall on escalator; Duty of care owed business invitee Res Ipsa Loquitur, Application of doctrine Evidence, Sufficiency Practice, Civil, Motion for dismissal; Dist./Mun. Cts. R. Civ. P., Rule 41(b)(2). Report of court’s dismissal […]

Chartier, Ogan, Brady and Lukakis vs. New England Telephone and Telegraph Company Massachusetts Appellate Division, Western District. October 31, 1985. Present: Turcotte, P.J., McGuane Lenhoff, JJ. Contract, For listing in “yellow pages”; Breach Damages, Lost profits. Report of court’s vacation of judgment and entry of new one. Action heard in the Holyoke Division by Donohue, […]

Bonnie L. Jepson vs. Leona Barrett Massachusetts Appellate Division, Western District. June 1, 1981. Present: Walsh, P.J., Greenberg Lenhoff, JJ. Damages, For deceit and misrepresentation Practice Civil, Draft report; Requests for rulings Real Property, Purchase of; Buyer’s duty to examine; Broker’s disclosure obligations, M.G.L.c. 93A. Report of court’s dismissal of plaintiff’s draft report. Action heard […]

Rainen Law Office, P.C. vs. Friedman Atherton Massachusetts Appellate Division, Municipal Court. May 14, 1999. Present: Kelly, Hershfang Meagher, JJ. Contract, For services of lawyer/title examiner Agency, Liability of agent law firm to pay for services provided to principal Practice, Civil, Motion to dismiss. Opinion affirming trial court’s allowance of defendant’s dismissal motion. Motion to […]

Leasefirst vs. Minuteman Trucking Corporation and another[1] Massachusetts Appellate Division, Western District. November 24, 1989. [1] Michael R. Rinaldi Present: Turcotte, P.J., Lenhoff McGuane, JJ. Practice, Civil, Review of interlocutory rulings; Dist./Mun. Cts. R. Civ. P., Rule 64(d). Report of court’s dismissal of plaintiff’s report. Action heard in the Clinton Division by Philbin, J. Daniel […]

Florists Transworld Delivery Association vs. Acton Nursery and Florist, Inc. Massachusetts Appellate Division, Northern District. January 26, 1984. Present: Cowdrey, P.J., Jodrey Tiffany, J.J. Contract, Moneys owed Bankruptcy, Assignment for benefit of creditors Practice, Civil, Motion for summary judgment; Dist./Mun. Cts. R. Civ. P., Rule 56; Improper venue. Report of court’s dismissal of defendant’s report. […]

Commonwealth vs. Robert C. Kinstler Massachusetts Appellate Division, Western District. October 31, 1988. Present: Turcotte, Lenhoff Dohoney, JJ. Practice, Civil, Motor vehicle infraction; Discovery request; Dist./Mun. Cts. R. Civ. P., Rule 34. Report of court’s dismissal of defendant’s appeal. Action heard in the Worcester Division by Anastos, J. State Trooper Brian W. O’Hare for the […]

Independence Park, Inc. v. Sentinel Products, Inc., and another.[1] Massachusetts Appellate Division, Southern District. February 3, 2009. [1] John Bambara. Present: Barrett, [2] Merrick McCallum, JJ. [2] The Honorable Thomas S. Barrett participated in the hearing and review of this appeal, but resigned from the Appellate Division prior to the issuance of this opinion. Practice, […]