Lisa Comstock v. Weston Kitchens Company et al. No. 050688.Commonwealth of Massachusetts Superior Court. MIDDLESEX, SS. November 8, 2007. THOMAS P. BILLINGS, J. For the following reasons, defendant Southbridge Group’s Motion for Summary Judgment is ALLOWED. If the plaintiff had a claim against Southbridge, it would be on the theory of de facto merger.[1] The […]
Category: Massachusetts Superior Court Opinions
TRAPP v. DUBOIS, No. 95-0779B (Ma.Super. May 8, 2000)
RANDALL SHIELD WOLF TRAPP, et al, Plainitffs vs. LAWRENCE DUBOIS, et al, Defendants No. 95-0779BCommonwealth of Massachusetts Superior Court CIVIL ACTION WORCESTER, SS. DATED: May 8, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION UPON COMPLAINT TOOMEY, JUSTICE. INTRODUCTION Plaintiffs, members of the Native American SpiritualAwareness Council […]
COMMONWEALTH v. PIRES, No. 9673CR0169A (Ma.Super. Mar. 10, 1998)
COMMONWEALTH vs. MARIO C. PIRES No. 9673CR0169ACommonwealth of Massachusetts Superior Court CRIMINAL ACTION BRISTOL, ss. March 10, 1998 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION AND ORDER ON THE COMMONWEALTH’S MOTION TO AMEND ORDER OF FORFEITURE INTRODUCTION CHIN, JUSTICE. This matter is before the Court on the […]
McCORMICK v. HI-TECH PLATING, INC., No. 964011 (Ma.Super. Jun. 4, 1999)
BRUCE L. McCORMICK, JR. v. HI-TECH PLATING, INC. No. 964011Commonwealth of Massachusetts Superior Court MIDDLESEX, SS June 4, 1999 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] McHUGH, JUSTICE. Plaintiff’s first claim is that he was discharged in violation of G.L.c. 151B, § 4 (1) because of his gender. Although he […]
COMMONWEALTH v. DYKE, No. 95-0395 (Ma.Super. Sep. 24, 2002)
COMMONWEALTH v. KEVIN DYKE No. 95-0395Commonwealth of Massachusetts Superior Court CRIMINAL ACTION MIDDLESEX, SS. September 24, 2002 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION FOR NEW TRIAL BRASSARD, JUSTICE. A. INTRODUCTION On May 30, 1997, a jury found Kevin Dyke (“Dyke”) guilty […]
DIAMOND v. PAPPATHANASI, No. 043886BLS1 (Ma.Super. Sep. 22, 2006)
Kathryn Diamond v. Arthur Pappathanasi et al. No. 043886BLS1.Commonwealth of Massachusetts Superior Court. September 22, 2006. VAN GESTEL, ALLAN, J. This matter is before the Court on Defendants Arthur Pappathanasi, Nicholas Scangas, Christopher Scangas, 330 Scangas, Inc., Scangas Management, Inc., Harriet Maistrellis, Pamela Scangas, Patricia Scangas and Arthur Scangas’ Motion for Summary Judgment on Plaintiff, […]
NAT’L PR. TRUCK v. COMM’R OF REV., No. 93-5647-H (Ma.Super. Jan. 3, 1996)
NATIONAL PRIVATE TRUCK COUNCIL, Plaintiff vs. COMMISSIONER OF REVENUE OF MASSACHUSETTS, Defendant No. 93-5647-HCommonwealth of Massachusetts Superior Court CIVIL ACTION SUFFOLK, ss. January 3, 1996 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] CONCLUSIONS OF LAW AND ORDER ROSEMAN, JUSTICE. Plaintiff National Private Truck Council (“NPTC”), a national trade association whose […]
KSYPKA v. YMCA, No. 034726 (Ma.Super. Feb. 1, 2007)
Helen Ksypka, Executrix of the Estate of Peter Plachowicz v. Malden YMCA. No. 034726.Commonwealth of Massachusetts Superior Court. MIDDLESEX, SS. February 1, 2007. THOMAS R. MURTAGH, J. Defendant Malden YMCA’s Motion for Summary Judgment will be ALLOWED in part and DENIED in part. Notwithstanding the foreign case authority cited by the defendant, including Salte v. […]
CASTELLANO v. MARCHESE, No. 17939Z (Ma.Super. Apr. 1996)
JAMES CASTELLANO vs. JOSEPH P. MARCHESE and others[1] NOS. 17939Z, 83-2226Commonwealth of Massachusetts Superior Court CIVIL ACTION ESSEX, ss. April, 1996 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [1] Cas-Mar, Inc. D/B/A The Line Steak and Brew, Inc. and Joseph P. Marchese, Jr., as Trustee of the 37 Library Street […]
WELLESLEY v. D C CONSTR. COMP., No. 97-2212 (Ma.Super. Mar. 31, 1998)
TOWN OF WELLESLEY vs. D C CONSTRUCTION COMPANY, INC., UNITED STATES FIDELITY GUARANTY CO., GREEN ENVIRONMENTAL, INC., AMERICAN INTERNATIONAL COMPANY, and J. A. MARINO AUTOMATIC HEATING COMPANY No. 97-2212Commonwealth of Massachusetts Superior Court CIVIL ACTION NORFOLK, ss March 31, 1998 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] DOERFER, JUSTICE. MEMORANDUM […]
COMMONWEALTH v. SANTOS, No. CR9711261 (Ma.Super. Mar. 10, 2003)
Commonwealth v. Joao Santos, truly Paul Monteiro No. CR9711261Commonwealth of Massachusetts Superior Court, Suffolk, SS Memorandum Dated March 10, 2003 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] McEvoy, J. A Suffolk County grand jury indicted Joao Santos, truly Paul Monteiro (“the Defendant”), for assault with a dangerous weapon, unlawful possession […]
GALLAURESI v. NEW ENGLAND FID. INS., No. 9901235 (Ma.Super. Nov. 24, 1999)
WILLIAM J. GALLAURESI v. NEW ENGLAND FIDELITY INSURANCE COMPANY No. 9901235Commonwealth of Massachusetts Superior Court WORCESTER, SS. November 24, 1999 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] FECTEAU, JUSTICE. This is an action filed by the plaintiffs under the provisions of G.L.c. 251, seeking the appointment of an arbitrator. On […]
DD ENTER v. MALDEN REDEV. AUTH., No. 070185 (Ma.Super. Oct. 23, 2007)
DD Enterprises, Inc. v. Malden Redevelopment Authority. No. 070185.Commonwealth of Massachusetts Superior Court. MIDDLESEX, SS. October 23, 2007. WENDIE I. GERSHENGORN, J. Introduction Plaintiff DD Enterprises, Inc. (“DD” or “plaintiff”), a general contractor, brought this action seeking damages from the Malden Redevelopment Authority (“MRA”) for alleged violations of the public contract bidding law G.L.c. 30, […]
APPLEGARTH v. GENERAL CINEMA, No. 992544 (Ma.Super. Jul. 3, 2002)
VIRGINA APPLEGARTH v. GENERAL CINEMA d/b/a BURLINGTON CINEMA 10 et al. No. 992544Commonwealth of Massachusetts Superior Court MIDDLESEX, SS July 3, 2002 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] HOUSTON, J. Pursuant to Mass.R.Civ.P. 26(b)(1), plaintiff Virginia Applegarth moves this Court to compel defendant Liberty Mutual Insurance Co. to produce […]
LARSON v. BORDEN, No. 010185 (Ma.Super. Jul. 15, 2003)
C. David Larson et al. v. John Borden et al. No. 010185Commonwealth of Massachusetts Superior Court, Essex, SS Memorandum Dated July 15, 2003 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] KOTTMYER, J. INTRODUCTION Plaintiffs, C. David Larson and Nicolette Larson (“the Larsons” or “Plaintiffs”), filed this appeal, pursuant to G.L.c. […]
CARPENTER v. MASS. INST. OF TEC., No. 032660 (Ma.Super. May 17, 2005)
Timothy J. Carpenter, administrator[1] v. Massachusetts Institute of Technology et al.[2] No. 032660.Commonwealth of Massachusetts Superior Court. SUFFOLK, SS. Memorandum Dated May 17, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [1] Of the estate of Julia Miles Carpenter. [2] Charles Vest, Robert M. Randolph, Larry O. Benedict, Carol C. […]
MITCHELL v. MONEY STORE MASS., No. CA931562 (Ma.Super. Nov. 20, 2000)
MARK MITCHELL v. THE MONEY STORE MASSACHUSETTS, INC. No. CA931562.Commonwealth of Massachusetts Superior Court CIVIL ACTION. WORCESTER, SS. Memorandum Dated November 20, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] BUTLER, J. This is an action for breach of contract, deceit and violation of Chapter 93A arising out of post-foreclosure […]
COMMONWEALTH v. BANKS, No. 05-580 (Ma.Super. Jun. 30, 2006)
COMMONWEALTH OF MASSACHUSETTS v. HENRY BANKS. No. 05-580.Commonwealth of Massachusetts Superior Court. NORFOLK, SS. June 30, 2006. ON DEFENDANT’S MOTION TO SUPPRESS MEMORANDUM OF DECISION AND ORDER JOHN T. LU, Justice of the Superior Court. Introduction The Defendant, Henry Banks (Banks), moves to suppress cocaine, marijuana, a scale, pills, and baggies seized when Randolph police […]
POST 107, AMER. L. v. NATICK BD. SEL., No. 042083 (Ma.Super. Oct. 22, 2004)
Edward P. Clark Post, 107, American Legion, Inc. v. Town of Natick Board of Selectmen et al. No. 042083.Commonwealth of Massachusetts Superior Court. MIDDLESEX, SS. Memorandum Dated October 22, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] GILES, J. Introduction This is an action by plaintiff Edward P. Clark Post, […]
NEW COMMONWEALTH v. HACK, No. SUCV2005-01684 (Ma.Super. Oct. 18, 2007)
NEW COMMONWEALTH RESIDENTIAL COMPANY, LLC v. RICHARD HACK. Nos. SUCV2005-01684, 04-04106-E.Commonwealth of Massachusetts Superior Court. SUFFOLK, ss. October 18, 2007 PAUL E. TROY, J. MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION TO ENFORCE SETTLEMENT AGREEMENT The plaintiff, New Commonwealth Residential Company, LLC (“New Commonwealth”), brought this claim to recover unpaid rent allegedly owed by […]