Category: Massachusetts District Court Appellate Division Opinions

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 […]

Encon Industries, Inc. vs. Heritage Distributors, Inc. and another[1] Massachusetts Appellate Division, Northern District. September 5, 1985. [1] Paul Dowd. Present: Doyle, P.J., Forte Jodrey, JJ. Contract, Distributorship agreement; Individual guaranty; Parol evidence rule Practice, Civil, Findings; Dist./Mun. Cts. R. Civ. P., Rule 64 Report of court’s vacation of finding for defendant Dowd and remand […]

Margaret McNelly vs. Roche Brothers Supermarkets, Inc.[1] Massachusetts Appellate Division, Southern District. September 16, 1999. [1] Doing business as Sudbury Farms. Present: Aguiar, P.J., Crimmins Welsh, JJ. Tort, Personal injury; Slip and fall in supermarket Negligence, Of supermarket Practice, Civil, Motion for involuntary dismissal. Opinion dismissing defendant’s report. Action heard in the Brockton Division by […]

Kenneth Lacourse vs. Costa Marko Massachusetts Appellate Division, Western District. July 22, 1986. Present: Turcotte, P.J., McGuane Lenhoff, JJ. Contract, Garage rental Words, “Bailment”. Report of court’s entry of judgment for defendant. Action heard in the Worcester Division by Sullivan, J. Peter F. Keenan, Jr. for the plaintiff. John J. Perenyi for the defendant. Turcotte, […]

Revolution Rent A Car v. Premier Insurance Company of Massachusetts, and another.[1] Massachusetts Appellate Division, Western District. December 1, 2005. [1] Duane Tocco. Present: Rutberg, Brennan Gardner, JJ. Insurance, Automobile; Property damage claim; Statement under oath. Practice, Civil, Summary judgment. Opinion affirming trial court judgment. Motions for summary judgment heard in the Worcester Division by […]

James Ritchie, and another[1] vs. Michael Shay Massachusetts Appellate Division, Southern District. March 18, 1991. [1] Margery Ritchie. Present: Dolan, P.J., Hurley Martin, JJ. Contract, For sale of real estate; Alteration of terms; Breach. Report of court’s dismissal of plaintiff’s report. Action heard in the Orleans Division by Robert A. Welsh, Jr., J. Royal C. […]

Richard P. Loewenberg vs. Roth-Bilt Boats and others[1] Massachusetts Appellate Division, Southern District. April 3, 1990. [1] Christopher Roth and George Roth. Present: Dolan, P.J., Hurley Kane, JJ. Practice, Civil, Petition to establish report; Interlocutory rulings. Report of court’s denial of plaintiff’s petition to establish report. Action heard in the Plymouth Division by Thomas F. […]

Esther R. Forbes vs. Framingham Union Hospital, Inc. and another[1] Massachusetts Appellate Division, Northern District. April 26, 1989. [1] F.S. Payne Company, Inc. Present: Doyle, P.J., Ruma Bohn, JJ. Tort, Personal injuries; Emotional distress Negligence, Of elevator maintenance firm Practice, Civil, Dist./Mun. Cts. R. Civ. P., Rule 52(a). Report of court’s affirmance of judgment in […]

Carol Rosenstine vs. Moon Glow Restaurant, Inc.[1] Massachusetts Appellate Division, Northern District. December 22, 1981. [1] Doing business as China Moon Restaurant Present: Cowdrey, P.J., Tiffany Banks, JJ. Contract, Breach of warranty Damages, For personal injury Practice, Civil, Appellate division: remand to district court; Findings of fact; Requests for rulings. Report of court’s action on […]

Lewis Beckerman vs. Shlomo Pinkas Massachusetts Appellate Division, Southern District. November 26, 1984. Present: Welsh, P.J., Black Silva, JJ. Landlord and Tenant, Rent overcharge; Complicity of tenant in landlord’s violation of rent control by-law Damages, Treble; Attorney’s fees; Costs. Report of court’s vacation of judgment and entry of new judgment for tenant in the amount […]

DOLORES GRIFFIN vs. RICHARD COGLIANO Massachusetts Appellate Division, Northern District. March 26, 2002. Present Coven, Greco Wright, JJ. Landlord and Tenant, Summary process action Practice, Civil, Dist/Mun. Cts. R.A.D.A., Rule 8C. Opinion vacating trial court judgment for the plaintiff and returning case for new trial. Action heard in the Woburn Division before Merrick, J. Kenneth […]

Wentworth Home For The Aged vs. Fred W. Walters Massachusetts Appellate Division, Southern District. August 31, 1992. Present: Dolan, P.J., Kane Welsh, JJ. Practice, Civil, Dist./Mun. Cts. R. Civ. P., Rule 64(c)(5); Petition to establish draft report Bills and Notes, Promissory note; Default judgment. Report of court’s denial of defendant’s petition to establish draft report. […]

Karen Woods v. BBRG Operating, Inc. Massachusetts Appellate Division, Southern District. April 21, 2009. Present: Williams, P.J., McCallum Hand, JJ. Contract, Breach of warranty. Negligence, Foreign object in salad. Workers’ Compensation, Injury “arising out of” or “in the course of” employment Opinion vacating dismissal of plaintiff’s complaint. Motion to dismiss heard by McGovern, J., in […]