Case law

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  • Zarod v. Pierce

    26 Mass. App. Ct. 984 · Massachusetts Appeals Court · Oct 21, 1988

    Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 33 (1983), quoting from Ackermann v. United States, 340 U.S. 193, 202 (1950). See also Artco, Inc. v. DiFruscia, 5 Mass. App. Ct. 513, 517 (1977). … This is a far different situation from that present in Parrell v. Keenan, 389 Mass. at 815 , where a motion under rule 60(b)(6) was allowed.

    Cited 2 timesPublished
  • Department of Environmental Quality Engineering v. Town of Hingham

    15 Mass. App. Ct. 409 · Massachusetts Appeals Court · Mar 9, 1983

    Nantucket Conservation Foundation, Inc. v. Russell Management, Inc., 380 Mass. 212, 214 (1980) . Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 382 Mass. 580, 585 (1981) . … Commn. v. Emeryville, supra at 543-547 .

    Cited 4 timesPublished
  • In re Adoption Uta

    93 Mass. App. Ct. 1120 · Massachusetts Appeals Court · Jul 24, 2018

    Another time she claimed that she could not visit because she forgot her identification for boarding a train from New Hampshire to Haverhill. … See Mole v. University of Mass. , 442 Mass. 582 , 603 n.18 (2004).

    Cited 0 timesPublished
  • LeSage

    76 Mass. App. Ct. 566 · Massachusetts Appeals Court · Apr 9, 2010

    Commonwealth v. Ruiz, 442 Mass. 826, 833 (2004), quoting from Commonwealth v. Boyd, 367 Mass. 169, 182 (1975). … Commonwealth v. Alphas, 430 Mass. 8 , 13 n.7 (1999), quoting from Commonwealth v. Flebotte, 417 Mass. 348, 353 (1994). See Commonwealth v. Peruzzi, 15 Mass. App. Ct. 437, 445 (1983).

    Cited 6 timesPublished
  • Sacks v. Roux Laboratories, Inc.

    25 Mass. App. Ct. 672 · Massachusetts Appeals Court · Apr 22, 1988

    The plaintiff Sacks had for many years caused her hair to be bleached and the color changed from natural brown to blonde. … See Jacquot v. Wm. Filene’s Sons, 337 Mass. 312, 317-318 (1958); Griffin v. General Motors Corp., 380 Mass. 362, 365-366 (1980); Calvanese v. W. W. Babcock Co., 10 Mass. App. Ct. 726, 731 (1980). Cf. Terrio v.

    Cited 1 timesPublished
  • MICHAEL BROWDER, JR. v. DEPARTMENT OF UNEMPLOYMENT ASSISTANCE & Another.

    Massachusetts Appeals Court · Aug 28, 2024

    In any event, "we disregard the additional extra- record material submitted to the judge," and "[w]e confine our review to the record of proceedings before the board." She Enters., Inc. v. State Bldg. … Mmoe v. Commonwealth, 393 Mass. 617, 620 (1985). See Brossard v. West Roxbury Div. of the Dist.

    Cited 0 timesUnpublished
  • Disend v. Meadowbrook School

    33 Mass. App. Ct. 674 · Massachusetts Appeals Court · Dec 8, 1992

    entirety, that letter, written by the headmaster of the defendant Meadowbrook School, read as follows: “Dear Parents of Fourth Grade Students, Recently an incident involving Donna Disend was brought to the attention of the Board … Nader v. Citron, 372 Mass. 96, 98 (1977). Connerty v. Metropolitan Dist. Commn., 398 Mass. 140, 143 (1986). New England Insulation Co. v. General Dynamics Corp., 26 Mass. App. Ct. 28, 29-30 (1988). Contrast Tropeano v.

    Cited 25 timesPublished
  • Commonwealth v. Sullivan

    84 Mass. App. Ct. 26 · Massachusetts Appeals Court · Jul 10, 2013

    Commonwealth v. Rivera , 460 Mass, at 142. Confinement in this context means “any restraint of a person’s movement.” Ibid., quoting from Commonwealth v. Brown, 66 Mass. App. … Commonwealth v. Grace, 397 Mass. 303, 307 (1986). Applying the familiar standard set out in Commonwealth v.

    Cited 3 timesPublished
  • Commonwealth v. Mattias

    8 Mass. App. Ct. 786 · Massachusetts Appeals Court · Dec 12, 1979

    Brown, 376 Mass. 156, 161-162 (1978). Nor is there merit to the defendant’s contention that a lineup should have been used. … Commonwealth v. Williams, ante 283, 290 (1979). Commonwealth v. Andrade, ante 653, 657 (1979). See Commonwealth v. Gouveia, 371 Mass. 566, 570 (1976). 5.

    Cited 16 timesPublished
  • Petition of the Dept. of Soc. Serv to Dispense

    16 Mass. App. Ct. 607 · Massachusetts Appeals Court · Sep 7, 1983

    Brown, J. … Bezio v. Patenaude, 381 Mass. at 576 .

    Reversed on other grounds by In Re the Department of Social Services to Dispense With Consent to Adoption, 391 Mass. 113 (1984)Cited 8 timesPublished
  • Commonwealth v. Mejia

    88 Mass. App. Ct. 227 · Massachusetts Appeals Court · Sep 8, 2015

    BROWNING M. MEJIA. No. 11-P-945. Barnstable. December 4, 2014. - September 8, 2015. Present: Cohen, Fecteau, & Massing, JJ. … Compare Commonwealth v.

    Cited 3 timesPublished
  • Commonwealth v. Jacobs

    6 Mass. App. Ct. 867 · Massachusetts Appeals Court · Apr 13, 1978

    Commonwealth v. Harvard, 356 Mass. 452, 459 (1969). Commonwealth v. Miller, 361 Mass. 644, 651-652 (1972). See Commonwealth v. Lozano, 5 Mass. App. Ct. 872, 873 (1977). … court found that Jacobs had put his own credibility in issue on the question of his record and allowed the district attorney to ask Jacobs, "Are you telling this Court and jury that you have no record with the Massachusetts Board

    Cited 3 timesPublished
  • Cahalen v. Commissioner of the Department of Employment & Training

    41 Mass. App. Ct. 26 · Massachusetts Appeals Court · Aug 6, 1996

    The board of review and the District Court affirmed the decision, and so do we. Unemployment compensation is governed by G. … See Abramowitz v. Director of the Div. of Employment Sec., 390 Mass. 168, 172 (1983). The plaintiff cannot show that she was compelled to leave Hi Tech for necessitous or urgent reasons. See Jahn v.

    Cited 4 timesPublished
  • White v. Ridge Club Cmty. Ass'n, Inc.

    92 Mass. App. Ct. 1129 · Massachusetts Appeals Court · Feb 23, 2018

    Association (association) allow an amendment to its master declaration (declaration) to be approved by written consent from three-fourths of its members (if also approved by the declarant and three-fifths of the association board … Corp. v. Pilgrim Ins. Co. , 83 Mass. App. Ct. 812 , 819 (2013), quoting from Worcester Mut. Ins. Co. v. Marnell , 398 Mass. 240 , 245 (1986).

    Cited 0 timesPublished
  • Commonwealth v. Newman

    32 Mass. App. Ct. 148 · Massachusetts Appeals Court · Feb 18, 1992

    Brown, J. The defendant, a State employee, appeals from convictions on an indictment charging two counts of conflict of interest. 1 See G. L. c. 268A, § 4(c) (1988 ed.). … See Commonwealth v. Cola, 18 Mass. App. Ct. 598, 610-611 (1984), habeas corpus granted on other grounds sub nom. Cola v.

    Cited 0 timesPublished
  • Davidowicz v. 4M Fruit Distribs., Inc.

    93 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Jun 28, 2018

    See Gannon v. Boston , 476 Mass. 786 , 795 (2017). See also Dartt v. Browning-Ferris Indus., Inc. (Mass.) , 427 Mass. 1 , 3 (1998). … See Lopez v. Commonwealth , 463 Mass. 696 , 713-714 (2012).

    Cited 0 timesPublished
  • Fowler v. Labor Relations Commission

    56 Mass. App. Ct. 96 · Massachusetts Appeals Court · Sep 26, 2002

    See, e.g., Prescott v. Board of Appeal on Motor *100 Vehicle Liab. Policies & Bonds, 42 Mass. App. Ct. 36 , 38 & n.4 (1997); Hopping v. Whirlaway, Inc., 37 Mass. App. Ct. 121, 126 (1994); Atkinson v. Rosenthal, 33 Mass. … See, e.g., FPC Holdings, Inc. v.

    Cited 3 timesPublished
  • Keen v. Western New England College

    23 Mass. App. Ct. 84 · Massachusetts Appeals Court · Oct 31, 1986

    See, e.g., Dearden v. Hey, 304 Mass. 659, 661-662, 663-664 (1939); Louison v. Fischman, 341 Mass. 309, 314 (1960); Boyd v. Jamaica Plain Co-op. Bank, 1 Mass. App. Ct. 153, 163-165, 166-167 (1979); Mongeau v. … Compare McCauley v. Sons Pharmacy, Inc., 3 Mass. App. Ct. 774, 775 (1975); Massachusetts Bread Co. v. Brice, 13 Mass. App. Ct. 1053, 1054 (1982). Contrast Twomey v. Board of Appeals of Medford, 7 Mass. App.

    Cited 18 timesPublished
  • Doric Building Associates v. Department of Labor & Industries

    27 Mass. App. Ct. 1175 · Massachusetts Appeals Court · Jul 18, 1989

    Co. v. Lowell, 391 Mass. 829 , 833 n.7 (1984); Department of Labor & Indus. v. Boston Water & Sewer Commn., 18 Mass. App. Ct. 621 , 623 n.7 (1984); J. D’Amico, Inc. v. Worcester, 19 Mass. App. Ct. 112, 114 (1984). … Co. v.

    Cited 6 timesPublished
  • Lobosco v. Donovan

    30 Mass. App. Ct. 53 · Massachusetts Appeals Court · Jan 31, 1991

    The offer was in writing, on a form of the Greater Boston Real Estate Board which provided a line for the seller to subscribe his acceptance. This the defendant did on the evening of August 9. … See Isenberg v. Williams, 306 Mass. 86, 88-89 (1940); Coney v. Brookline Savings Bank, 327 Mass. 527, 528 (1951); McKallagat v. LaCognata, 335 Mass. 376, 378 (1957); Coleman v. Kasow, 356 Mass. 733 (1969).

    Cited 15 timesPublished

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