Case law

Calloway v. St. Paul Fire & Marine Insurance

2000 Mass. App. Div. 85 · Massachusetts District Court, Appellate Division · Mar 22, 2000

A condominium owner’s power over his unit is subject only to limitations set forth in the master deed and condominium by-laws. 39 Joy Street Condominium Ass’n v. Board of Appeal of Boston, 426 Mass. 485 (1988). … Golub v. Milpo, Inc., 402 Mass. 397 (1988) quoting Glickman v. Brown, 21 Mass. App. Ct. 229, 236 (1985).

American Hawaiian Steampship Co. v. Columbia Cornice Co.

3 Mass. App. Div. 2 · Massachusetts District Court, Appellate Division · Dec 23, 1937

Brown v. London &c. Indemnity Company, 249 Mass. 511, 515 . Grover v. Smead, Mass. Adv. Sh. (1936) 1355. … This was done with boards, a waterproof substance known as plastic and tarred paper.

Govoni v. General Hospital Corp.

1990 Mass. App. Div. 33 · Massachusetts District Court, Appellate Division · Mar 8, 1990

Glickman v. Brown, 21 Mass. App. … See Tosney v. Chelsmsford Village Condominium Assoc., 397 Mass. 683, 688 (1986); Franklin v. Spadafora, 388 Mass. 764, 769 (1983).

Cobb v. Tracy

22 Mass. App. Dec. 176 · Massachusetts District Court, Appellate Division · Dec 4, 1961

for at least seven years prior to the time of the signing of the agreement of sale; that said drainage pipe had been used by the town of Rockland for at least seven years to carry off excess surface waters and that the Board … First African Methodist Episcopal Soc. v. Brown, 147 Mass. 296, 298 . The title must be "free from obvious defects, and' substántial doubts.” O’Meara v. Gleason, 246 Mass. 136, 138.

Antonelli v. Delta Air Lines, Inc.

1986 Mass. App. Div. 75 · Massachusetts District Court, Appellate Division · May 27, 1986

At the boarding gate plaintiffs retained a portion of their boarding pass. Fortuitously, on their Delta flight back, plaintiffs ran into an Alice Brooks who had been acquainted with plaintiffs. … Leardi v. Brown, 394 Mass. 151 (1985). Each of the Antonellis is thus entitled to this $25.00 statutory amount, and no multiple thereof. Leardi, id. See also McGrath v. Mishara, 386 Mass. 74, 87 (1982).

Parks v. Ricciardi

2005 Mass. App. Div. 107 · Massachusetts District Court, Appellate Division · Sep 8, 2005

Brown v. Gerstein, 17 Mass. App. Ct. 558 , 559 n.3 (1989); Dew v. Laufauci, 2001 Mass. App. Div. 95, 97 ; Prophete v. Polynice, 2000 Mass. App. Div. 194, 195 . … Fisch v. Board of Registration in Medicine, 437 Mass. 128, 138 (2002).

Wilfert v. Medoff

5 Mass. App. Dec. 63 · Massachusetts District Court, Appellate Division · Jul 1, 1953

He submitted to Brown an estimate which was accepted. He believed Smith and Brown were the general contractors. The defend-ants and Brown were present when the first delivery was made. … (Butler v. Price, 115 Mass. 578 ; Barker v. McKay, 175 Mass. 485 ; Harvey v. Squire, 217 Mass. 411 ; Hannon v. Schwartz, 304 Mass. 468 ; Gordon v. O’Brien; 320 Mass. 739 ).

DeMarco v. Granite Savings Bank

1993 Mass. App. Div. 122 · Massachusetts District Court, Appellate Division · Jun 11, 1993

William Brown, a contractor qualified at trial as an expert witness for the plaintiffs, testified that his inspection of the property revealed pock marks and sawdust on the floor boards, and that additional sawdust was produced … Brown stated that such structural damage was caused by insects, and estimated the total cost of necessary repairs to be $15,571.00.

Friend v. Boston & Maine Railroad

13 Mass. App. Div. 48 · Massachusetts District Court, Appellate Division · Jan 21, 1948

Co., 147 Mass. 412 ; Merritt v. New York, New Haven & Hartford Railroad, 162 Mass. 326, at 329 ; Kellogg v. Smith, 179 Mass. 595 ; Brown v. New York, New Haven & Hartford R. R., 181 Mass. 365, at 367 . LaPointe v. … In Brown v.

Pitman v. J. C. Pitman & Sons, Inc.

12 Mass. App. Div. 139 · Massachusetts District Court, Appellate Division · Oct 31, 1947

person is designated by the Board of Directors”. … West v. Platt,, 127 Mass. 367, 371 ; Brown v. Woodbury, 183 Mass. 279 ; Commercial Wharf Corporation v. City of Boston, 208 Mass. 482, 487 ; Katzeff v. Goldman, 248 Mass. 365 .

LeDonne v. Slade

38 Mass. App. Dec. 83 · Massachusetts District Court, Appellate Division · Sep 27, 1967

The result was that there was no sale of the property to Brown. Defendant had returned the deposit to Brown. … Brown v. Jacobs, 254 Mass. 474 . The obligation to pay the broker’s commission was not a part of the contract between the buyer and seller which the plaintiff produced.

Aldeman v. City of Cambridge

8 Mass. App. Div. 257 · Massachusetts District Court, Appellate Division · Sep 24, 1943

Wheelwright v. Tax Commissioner, 235 Mass. 584, at 586 . Brown v. Robinson, 275 Mass. 55, at 57 . Commonwealth v. Flynn, 285 Mass. 136, at 139 . Leone v. Falco, 292 Mass. 299, at 302, 303 . Geen v. … C. 71, section 43, to the board of finance so concerned Fall River, or to require its joint exercise by both boards.” In deciding that St. 1931, C. 44 was constitutional, the Court said in Broadhurst v.

Sherwin-Williams Co. v. H&R Painting Co.

1992 Mass. App. Div. 1 · Massachusetts District Court, Appellate Division · Jan 16, 1992

Willitts v. Roman Catholic Archbishop of Boston, 411 Mass. 202 (1991); Coveney v. President & Trustees of the College of the Holy Cross, 388 Mass. 16, 17 (1983); Community Nat'l Bank v. Dawes, supra at 553 . … Brown Rudnick, Freed & Gesmer v. Board of Assessors, 389 Mass. 298 , 303 n.8 (1983).

LFS Group, Inc. v. Gutzler

2011 Mass. App. Div. 83 · Massachusetts District Court, Appellate Division · Apr 22, 2011

Shortly thereafter, in June, 2007, tenant Julie Brown (“Brown”) moved out of the apartment in 294 (“Brown unit”). … See, e.g., Cheek v. Econo-Car Rental Sys. of Boston, Inc., 393 Mass. 660, 662 (1985), citing Thomes v. Meyer Store Inc., 268 Mass. 587, 588 (1929); Brown-Forman Corp. v. Alcoholic Beverages Control Comm’n, 65 Mass. App.

Cummings Properties, LLC v. Nardone Enterprises, Inc.

2002 Mass. App. Div. 103 · Massachusetts District Court, Appellate Division · May 20, 2002

Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 33 (1983), and is to be granted only in extraordinary or compelling circumstances, Sahin v. Sahin, 435 Mass. 396, 406 (2001); Winthrop Corp. v. Lowenthal, 29 Mass. … See Brown v. Quinn, 406 Mass. 641, 644 (1990). As Rule 60(b) (6) provides no relief for deliberate or calculated choices, see generally Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987); Freitas v. Freitas, 26 Mass.

Sullivan v. Lowell Institution for Savings

2 Mass. App. Div. 598 · Massachusetts District Court, Appellate Division · Nov 16, 1937

Marston v. Reynolds, 211 Mass. 590, 592 . The court found he was not employed or paid by the defendant and that Brown had no authority to employ anyone. … The trial court found Brown had no authority to invite assistance in the performance of his work. Coulombe v. Horne Coal Co., 275 Mass. 226, 230 .

Seletsky v. Ruiz

2002 Mass. App. Div. 100 · Massachusetts District Court, Appellate Division · May 17, 2002

See, e.g., Siira v. Shields, 360 Mass. 874 (1972); Boylan v. Everett, 172 Mass. 453, 457 (1899); O’Donnell v. Pollack, 170 Mass. 441, 444 (1898). … In Brown v. Bolduc, 29 Mass. App.

Barton v. Automobile Insurance

5 Mass. App. Div. 457 · Massachusetts District Court, Appellate Division · Jul 25, 1940

Warner v. Brown, 231 Mass. 333, 335 , Brown v. Little, Brown & Co., Inc., 269 Mass. 102, 112 , Malaguti v. Rosen, 262 Mass. 555, 560 . … Little, Brown & Co.

Wallace v. Building 19, Inc.

1996 Mass. App. Div. 8 · Massachusetts District Court, Appellate Division · Jan 18, 1996

Court infers that brown mushy substance had degenerated or turned brown while lying on tile floor. Each of the three requests at issue was a “warrants” request albeit expressed in the negative. … Gallagher v. Stop & Shop, Inc., 332 Mass. 560, 562-63 (1955). Oliveri v. Massachusetts Bay Transp. Authority, 363. Mass. 165, 169-170 (1973). Sahagan v. Commonwealth, 25 Mass. App. Ct. 953 (1988).

White v. Foxboro-Mansfield Bus Co.

6 Mass. App. Div. 119 · Massachusetts District Court, Appellate Division · Apr 4, 1941

Fine v. Kahn, 270 Mass. 557 . … Foye v. Patch, 132 Mass. 105 , Browne v. Moran, 300 Mass. 107, 111 . Pesce v. Brecher, 302 Mass. 211 .