Case law

Maine Drilling & Blasting, Inc. v. Lorusso Corp.

1986 Mass. App. Div. 20 · Massachusetts District Court, Appellate Division · Feb 28, 1986

The moving party, must therefore, demonstrate that relief is not within Rule 60 (b) (1) - (5) in order to qualify under Rule 60 (b) (6). … This clearly oppugns both the letter and the spirit of Rule 64.

Khederian v. Burchill

1 Mass. App. Div. 547 · Massachusetts District Court, Appellate Division · Nov 19, 1936

It is well established that a party to an illegal contract will be left by the law where he finds himself. Boylston Bottling Co. v. O’Neil, 231 Mass. 498, 501 . … It clearly appears that the- plaintiff’s assignor purported to sell and the defendant to buy the “licenses” and the “business” as a going concern, and that it was intended by the parties to the agreement that the business

Delude v. Clark

26 Mass. App. Dec. 144 · Massachusetts District Court, Appellate Division · Jun 6, 1963

It was established that the only persons present at the time of this .conversation were Alfred Clark, Edna Clark and Daniel Splaine. … Clearly, the conversation called for is hearsay and, under the circumstances and for the purpose it was offered, does not qualify under any of the exceptions to the hearsay rule of exclusion.

Plante v. Commonwealth

1994 Mass. App. Div. 74 · Massachusetts District Court, Appellate Division · Apr 25, 1994

Pursuant to Section 3, eligibility for G.L.c. 258A compensation is expressly limited to victims of violent crimes and their qualifying dependents. See generally, Smith v. Commonwealth, 1984 Mass. App. Div. 10, 11 . … Such finding would be reviewed on a G.L.c. 258A appeal under the customary “clearly erroneous” standard. Dist./Mun. Cts. R. Civ. E, Rule 52(a). See generally, Kendall v. Selvaggio, 413 Mass. 619, 620 (1992); Powers v.

Tabor School Camp, Inc. v. Norfolk Hunt Club

30 Mass. App. Dec. 129 · Massachusetts District Court, Appellate Division · Jul 1, 1964

In that case the question was whether the bailee of a car, left with it to be repaired and painted, was liable for the loss of the car in a fire not due to negligence, in another establishment to which it had sent the car … The fact that Dana Hall School happened to have an excellent riding department, which was well qualified from all of the evidence to give the type of care required for the horse is only incidental and of no import, and further

Martinez v. Harvey

1992 Mass. App. Div. 79 · Massachusetts District Court, Appellate Division · Apr 21, 1992

absenceof subsidiary findings isconsistentwith a Rule 56 ruling as “a judge does not properly ‘make findings’ in connection with a summary judgment proceeding, but only declares as a matter of law the material facts that are established … This undoubtedly reflects the nature of G.L.c. 84 which, as a partial abrogation of sovereign immunity, constitutes the exclusive remedy for breach of a statutory duty to maintain public ways. Compare Marsden v.

Jablonski v. Clemons

2002 Mass. App. Div. 109 · Massachusetts District Court, Appellate Division · Jun 7, 2002

There was no error in the denial of this request because the plaintiff established a prima facie case. … First Financial Corp., 409 Mass. 783, 798 (1991) (Not an abuse of discretion for judge to permit accountant to testify that a bank could not have qualified for Subchapter 8 status under Internal Revenue Statute & Regulations

Fay v. O'Connell

1990 Mass. App. Div. 141 · Massachusetts District Court, Appellate Division · Sep 7, 1990

Although the defendant would not qualify as an automobile seller as defined in 940 C.M.R. 5 .01(7), he nevertheless would qualify as a merchant under the UCC who, by his occupation as an automobile repairman, held himself … The truck which fell apart in four days was clearly not fit for ordinary purposes.

Transmedia Restaurant Co. v. Elegant Appetites, Inc.

2000 Mass. App. Div. 289 · Massachusetts District Court, Appellate Division · Oct 20, 2000

In February, 1996, Transmedia entered into a contract with the defendant, Elegant Appetites, a Massachusetts corporation in the business of operating food service establishments. … ‘The alleged failure of promised consideration does not qualify as a defense to the instant action, particularly where it appears to be raised here for the first time.”

Weiss v. Ron Currier's Hilltop Chevrolet, Inc.

1993 Mass. App. Div. 15 · Massachusetts District Court, Appellate Division · Jan 22, 1993

Upon subsequent examination of the Corvette, Weiss discovered that the engine serial number had been ground down and that a forged number with clearly crooked numerals had been embossed in its place. … plaintiffs complaint allegation that he attended and participated in the auction as North Shore’s agent as a statement merely of the plaintiffs authorized use of North Shore’s dealer’s license 5 to gain admission and to qualify

Deerfield Forest Apartments/U.S. Shelter Corp. v. Grigorian

1987 Mass. App. Div. 72 · Massachusetts District Court, Appellate Division · Apr 23, 1987

The trial justice, however, qualified his disposition of request 20 with both a reference to his subsidiary findings and a reiteration of his ultimate finding that no statutory violation occurred because of the defendant’ … Subsidiary finding number 11 establishes that the court in fact utilized the correct principles or law in adjudicating the parties’ controversy namely, that abandonment is a defense to a G. L. c.186, §14 claim.

Newspapers of New England, Inc. v. Bloom

1988 Mass. App. Div. 65 · Massachusetts District Court, Appellate Division · Apr 28, 1988

The Court, in holding that a publisher had a qualified privilege to report judicial proceedings, stated: This qualified privilege is justified not because the controversies of one citizen with another are of public concern … ” first amendment right of access attaches. 38 Once a “qualified” right of access is established, a reviewing court must then decide whether that right can be restricted. 39 To resolve this issue a court must apply the “strict

Garcia v. 128 Sales, Inc.

2009 Mass. App. Div. 278 · Massachusetts District Court, Appellate Division · Nov 25, 2009

That 128 Sales was, according to Garcia, deceitfully and in bad faith endeavoring to collect money to which it was not entitled would qualify its actions as unfair and deceptive. … Div. 171 (anxiety, fear, distress, sweating, and lost sleep insufficient to establish severe emotional distress).

Camerota v. Coll, Sacchetti & Karpells, Inc.

2005 Mass. App. Div. 112 · Massachusetts District Court, Appellate Division · Sep 23, 2005

P., Rule 64A establishes the framework for making requests for rulings of law. Such rulings may address either a relevant legal principle or the sufficiency of the evidence. … The trial judge’s findings were not clearly erroneous and therefore shall not be set aside. Mass. R. Civ. R, Rule 52(c).

Rogers v. Town of Plainville

1999 Mass. App. Div. 210 · Massachusetts District Court, Appellate Division · Aug 31, 1999

According to the Town’s Personnel By-law, which establishes the wages, hours *211 and conditions of employment of certain town employees, including, inter alia, dispatchers, employees who work five years but less than ten … Under this theory, would the employee qualify if he appeared and worked for one day, five days, a month? The By-law is silent in this regard.

Sarkisyanz v. National Ass'n for Armenian Studies & Research

1998 Mass. App. Div. 269 · Massachusetts District Court, Appellate Division · Dec 22, 1998

Clearly, “[u]pon default..., the factual allegations of a complaint are accepted as true for purpose of establishing liability.” Multi Technology, Inc. v. Mitchell Mgm. Systems, Inc., 25 Mass. App. … To qualify as a business record under §78, a writing need not be “an entry in a book,” so long as it was “made as a memorandum or record of any act, transaction, occurrence or event.”

Duffy v. Metropolitan Property & Casualty Insurance

2015 Mass. App. Div. 61 · Massachusetts District Court, Appellate Division · Apr 7, 2015

Div. 196, 198 , the affiant was qualified to speak to the review of the very file that she handled. … The procedure for Duffy to follow is well established by Sabino Chiropractic Office, Inc. v. Arbella Mut. Ins. Co., 2008 Mass. App. Div. 260 .

Rooney v. Samuelson

1985 Mass. App. Div. 146 · Massachusetts District Court, Appellate Division · Jul 29, 1985

All costs which attended such vacating were clearly unrelated to the defendant’s breach. … It is well established that parties may properly agree to restrict to a specific figure those damages which may be recovered in the event of breach. See Daley v. J. F.

Deshaies v. Varteresian

1985 Mass. App. Div. 28 · Massachusetts District Court, Appellate Division · Jan 22, 1985

“Conditions”, two of which were pertinent namely: (3) Subject to Buyer being able to obtain Construction Financing of an amount of no less than $450,000.00 from a qualified lending institution at prevailing interest rates … It is well established in this Commonwealth that in interpreting any written instrument, every word is to be given force so far as practicable and all parts of it are to be construed together as constituting a single and

Amherst Associates v. Amherst Housing Review Board

1989 Mass. App. Div. 51 · Massachusetts District Court, Appellate Division · Mar 17, 1989

In reviewing the legislative background of the regulatory scheme, in Zoning Board the Court found pursuasive the fact that “(t)he Legislature established MHFA (Mass. … Such a reading would be clearly at variance with the animating impulse of the legislation and would place the Legislature and Town Officials in the quixotic position of having enacted a fatally flawed act in terms of the