Category: Massachusetts District Court Appellate Division Opinions

U.S. Environmental Rental Corporation v. Lease One Corporation. Massachusetts Appellate Division, Northern District. November 21, 2005. Present: Coven, Greco Brant, JJ. Contract, For assistance in obtaining lease financing; Refusal to return deposit. Consumer Protection, G.L.c. 93A. Damages, Punitive; Attorney’s fees. Practice, Civil, Failure to file timely answer to complaint; Motion to vacate default, Denial of. […]

Ernest Shapiro vs. Constance Brown Massachusetts Appellate Division, Northern District. October 26, 1998. Present: Merrick, P.J., Greco Curtin, JJ. Practice, Civil, Motion for relief from default judgment, Denial of; Dist./Mun. Cts. R.A.D.A., Rule 8A. Opinion dismissing defendant’s appeal. Motion for relief from default judgment heard in the Haverhill Division by Herlihy, J. Gregory P. Turner […]

MUTUAL OIL COMPANY, INC. vs. A.A. SUNOCO, INC. Massachusetts Appellate Division, Southern District. July 20, 1999. Present: Aguiar, P.J., Welsh Crimmins, JJ. Contract, For distribution of petroleum products; Signing bonus; Breach Tort, Misrepresentation Consumer Protection, Unfair and deceptive acts or practices Damages, Computation of. Opinion dismissing appeal. Case heard in the Falmouth Division by Wheatley, […]

New Boston Packing Corporation vs. Scituate Harbor Institute of Technology, Inc. Massachusetts Appellate Division, Southern District. March 8, 1983. Present: Welsh, P.J., Black Volterra[*] , JJ. [*] Judge Volterra commenced his duties as an associate justice of the Superior Court before promulgation of this opinion. Landlord and Tenant, Failure to provide heat; Rupture of water […]

Francis Burnett, and another[1] vs. Colleen Walsh Massachusetts Appellate Division, Southern District. June 19, 2001. [1] Kimberly Bailey. Present: Wheatley, P.J., Creedon Winslow, JJ. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C; Motion to amend complaint, Denial of. Jurisdiction, Appellate Division. Opinion dismissing plaintiffs’ appeal and remanding case for trial. Motion to amend […]

Harold L. Gilmer, and another[1] vs. Boston Modular Homes, Inc., and another[2] Massachusetts Appellate Division, Municipal Court. May 26, 1992. [1] Lorraine Gilmer. [2] Emilio Campbell. Present: Bakas, P.J., and Dougan, J. Practice, Civil, New trial motion; Petition to establish report. Report of court’s denial of defendant’s petition to establish report. Action heard by Chin, […]

Carlos Sousa vs. Michael Sardinha, and others[1] Massachusetts Appellate Division, Southern District. March 26, 1991. [1] Manuel Sardinha and Robinson Plumbing Heating Supply Company, Inc. Present: Dolan, P.J., and Hurley, J. Practice, Civil, Entry of judgment in multi-party, multi-claim matters; Dist./Mun. Cts. R. Civ. P., Rule 54(d). Report of court’s dismissal of plaintiff’s report. Action […]

John Duffy[1] v. Commerce Insurance Company. Massachusetts Appellate Division, Northern District. September 22, 2009. [1] Doing business as Waltham Chiropractic. Present: Greco, P.J., Coven Swan, JJ. Insurance, “Personal injury protection” benefits; Chiropractic services. Evidence, Affidavit. Practice, Civil, Summary judgment. Opinion affirming judgment for defendant. Summary judgment motion heard in the Waltham Division by Gregory C. […]

William Lawrence, II[1] vs. Northeastern Environmental Services, Inc. Massachusetts Appellate Division, Northern District. January 24, 2003. [1] “As Trustee of Knoxcap Realty Trust. Present: Merrick, P.J., Coven Wright, JJ. Landlord and Tenant, Summary process action; Storage unit Practice, Civil, Dist/Mun. Cts. R. A. D. A., Rule 8A; Motion to vacate default judgment, Denial to Service […]

Milciades Martinez vs. Michael Harvey, and another[1] Massachusetts Appellate Division, Northern District. April 21, 1992. [1] Sheila Harvey. Present: Sherman, P.J., Furnari Flatley, JJ. Tort, Slip and fall on ice and snow on stairway; Notice of claim Practice, Civil, Motion to dismiss; Dist./Mun. Cts. R. Civ. P., Rules 12 (b) (6), 41 (b) and 56. […]

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 […]

Robert LaVallee, and another[1] vs. Mogens V. Hermann Massachusetts Appellate Division, Western District. November 1, 1991. [1] Maureen LaVallee. Present: Dohoney, Beattie Brennan, JJ. Practice, Civil, Answer to decision and order. Report of court’s refusal to grant defendant further relief. Action heard in the Northampton Division by Peck, J. No counsel appearance for plaintiffs. Mogens […]

Walter J. Aspinwall, Jr., Inc., and another[1] vs. Albert Rohrbacher and another[2] Massachusetts Appellate Division, Southern District. March 2, 1989. [1] John E. Nolan. [2] Evelyn Rohrbacher. Contract, For plumbing work; Breach Practice, Civil, Default; Motion to remove default; Dist./Mun. Cts. R. Civ. P., Rule 55(c). Report of court’s reversal of trial judge’s ruling. Motion […]