940 N.E.2d 897
No. 10-P-477.Appeals Court of Massachusetts.
February 8, 2011.
DECISIONS PURSUANT TO RULE 1:28.
The separate judgment dismissing the plaintiff’s complaint as to defendant
Payne is vacated. The matter is remanded to the Superior Court where the tribunal’s decision as to defendant Payne is to be struck and, in substitution thereof, a determination shall be entered that the offer of proof is sufficient to raise a legitimate question of liability appropriate for judicial inquiry.
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