Case law

Limina v. Tenaglia

1992 Mass. App. Div. 58 · Massachusetts District Court, Appellate Division · Mar 26, 1992

The rent board also has a copy of all the decontrolled units. … Co. v. Wilson, 387 Mass. 841, 853 (1983); Brown v. LeClair, 20 Mass. App. Ct. 976, 980 (1985). There was no error of law.

Tally's Auto Sales, Inc. v. Ellis

19 Mass. App. Dec. 80 · Massachusetts District Court, Appellate Division · Jun 10, 1960

Tracey v. Brown, 265 Mass. 163, 165 . 4. … He not only paid his parents for his board and room but also contributed to the support of his grandmother.

McIlvane v. Percival

14 Mass. App. Dec. 165 · Massachusetts District Court, Appellate Division · Jul 23, 1957

go into the store” and that at the place where the plaintiff caught his foot there was a "hole” two and a half feet long (where the boards separated) which was one half inch wide, and one half inch deep or that one board … There was testimony that there was some dirt in the hole which was dark and brown and part of the boards were chipped and worn away.

Salifu v. Ward

1998 Mass. App. Div. 273 · Massachusetts District Court, Appellate Division · Dec 28, 1998

See Browning-Drake Corp. v. Amertran Sales Co., 274 Mass. 545 (1931) (amendment of officer’s return of service). Generally, § 51 is applied liberally. George Altman, Inc. v. … Corp. v. Planning Board of Auburn, 32 Mass. App. Ct. 319 , 323 n.8 (1992). The “applicable rule of court” for the amendment of service is Mass. R. Civ.

Devito v. Cellular Mobile Communications, Inc.

1993 Mass. App. Div. 48 · Massachusetts District Court, Appellate Division · Mar 8, 1993

P., Rule 41 (b) (2). 3 Brown v. Gerstein, 17 Mass. App. Ct. 558 , 559 n.1 (1984); Sellars v. Shaughnessy Crane Service, Inc., 1988, Mass. App. Div. 42, 43. The departure from prior practice is more than semantical. … Co. v. Wilson, 387 Mass. 841, 847-848 (1983); Curtiss-Wright Corp. v. Edel-Brown Tool & Die Co., 381 Mass. 1, 3-4 (1980).

Kane v. Town of Spencer

9 Mass. App. Div. 287 · Massachusetts District Court, Appellate Division · Nov 30, 1944

(Alger v. Easton, 119 Mass. 77 at 78 .) It was stated in Brown v. … See also Warburton v. Quincy, 309 Mass. 111 at 117 .

Busconi v. Melchiono

1991 Mass. App. Div. 121 · Massachusetts District Court, Appellate Division · Aug 16, 1991

Brown, 400 Mass. 826 ,832 (1987). … Attorney General v. Bailey, 386 Mass. 367 (1982).

Dempsey v. Board of Trustees of the Boston Public School Teachers' Retirement Fund

3 Mass. App. Div. 383 · Massachusetts District Court, Appellate Division · Oct 27, 1938

Bouchard v. First People’s Trust, 253 Mass. 351 , nor is the writ a writ in rem. No valid judgment could be entered upon such a writ nor could any execution be effectively served.

First Select Corp. v. Mastromattei

2007 Mass. App. Div. 77 · Massachusetts District Court, Appellate Division · May 31, 2007

Brown v. Paull, 2006 Mass. App. Div. 43 . Had 127 Fairview Avenue, Belmont been Mastromattei’s last and usual place of abode, First Select’s service of process would have been proper. … Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 31 (1983). “[A] void judgment can never acquire validity through laches.” Adams v. Lamarine, 2004 Mass. App. Div. 36, 38 .

Landrum v. Commonwealth

1981 Mass. App. Div. 6 · Massachusetts District Court, Appellate Division · Jan 12, 1981

Donnelly v. Montague, 305 Mass. 14 (1940), Gentile v. Rent Control Board of Somerville, 48 Mass. App. Dec. 199 (1972). … Milford National Bank & Trust Co. v. Brown, Mass. App. Dec. Adv. Sh. (1977) 650; Mishara v. Halpern, Mass. App. Dec. Adv. Sh. (1977) 711, citing Murphy v. Kelley, 302 Mass. 390 , (1939).

Zimbovsky v. Tokar

2005 Mass. App. Div. 100 · Massachusetts District Court, Appellate Division · Sep 7, 2005

Warren v. Zoning Board of Appeals of Amherst, 383 Mass. 1, 8 (1981). 4. G.L.c. 93A. … Co. v. Thomas, 417 Mass. 782, 789 (1994), and the impairment is “substantial.” Leardi v. Brown, supra at 167 (1985), citing Winchester v. O’Brien, 266 Mass. 33, 36 (1929).

Duco Enterprises, Inc. v. Abdelnour

1994 Mass. App. Div. 103 · Massachusetts District Court, Appellate Division · May 20, 1994

Parrell v. Keenan, 389 Mass. 809, 814 (1983). For this reason, Rule 60(b) (6) is characterized as “mea-gre in scope.” Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 33 (1983). … Paresky v. Board of Zoning Appeal of Cambridge, 19 Mass. App. Ct. 612, 615 (1985).

Realty v. McManus

2006 Mass. App. Div. 130 · Massachusetts District Court, Appellate Division · Aug 3, 2006

See Clifford V. Miller, Inc. v. Rent Control Board of Cambridge, 31 Mass. App. Ct. 91, 92 (1999). … In Greater Boston Real Estate Board v.

Herman v. Home Depot, Inc.

2001 Mass. App. Div. 132 · Massachusetts District Court, Appellate Division · Jun 19, 2001

Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liability Policies and Bonds, 382 Mass. 580, 585-586 (1981). … Walker v. Board of Appeals of Harwich, 388 Mass. 42 (1987) is inappo-site.

Gerstel v. Linehan

1989 Mass. App. Div. 158 · Massachusetts District Court, Appellate Division · Jul 7, 1989

Rule 64 was recently described by Justice Kass, concurring in Brown v. Quinn, 27 Mass. App. … Reiman v. Brookline Rent Control Board, 1985 Mass. App. Div. 186 . The final action of the trial judge dismissing the case was taken on May 27,1988.

Oxford Business Brokers, Inc. v. Moriarty

2008 Mass. App. Div. 224 · Massachusetts District Court, Appellate Division · Sep 25, 2008

Vigorito v. Ciulla Bldrs., Inc., 57 Mass. App. Ct. 446, 454 (2003), quoting Poirier v. Plymouth, 374 Mass. 206, 210 (1978). … Bonin v. Chestnut Hill Towers Realty Corp., 392 Mass. 58, 70-71 (1984). See, e.g., Donovan v. Lobosco, 30 Mass. App.

William Zakon & Sons, Inc. v. Daigle

3 Mass. App. Div. 95 · Massachusetts District Court, Appellate Division · Mar 28, 1938

See also Brown v. Nahant, 213 Mass. 271, 274 . The issue here depends upon the constructions of the Acts of 1933, e. 376, §23 (extra session), as amended by Acts of 1934, c. 385, §16. … In Cheney v.

Towle v. Morin

1 Mass. App. Div. 174 · Massachusetts District Court, Appellate Division · Mar 31, 1936

Engel v. Checker Taxi Co., 275 Mass. 471, 476 . Brown v. Daley, 273 Mass. 432 . Hogan v. Whittemore, 278 Mass. 573 . Commonwealth v. Davis, 284 Mass. 41, 51 . Bresnick v. Heath, Mass. Adv. … Brown v. Daley, 273 Mass. 432.

Gallant v. Indian Ranch, Inc.

2002 Mass. App. Div. 12 · Massachusetts District Court, Appellate Division · Jan 11, 2002

Beal v. Board of Selectmen of Hingham, 419 Mass. 535, 539 (1995). … Brown, 400 Mass. 826, 832 (1987), or to grant a motion for summary judgment merely to save the time and the expense of a trial. Hub Associates Inc. v. Goode, 357 Mass. 449 , (1970).

Kirley Coal & Supply Co. v. Old Colony Transportation Co.

28 Mass. App. Dec. 93 · Massachusetts District Court, Appellate Division · Apr 15, 1964

At the trial one Brown, the plaintiff’s driver, testified he was on Route 140 in Norton, operating plaintiff’s oil delivery truck on April 8, i960, headed southerly near the junction of Old Taunton Avenue. … Purtell v. Jordan, 156 Mass. 573, 577 ; Hennessey v. Taylor, 189 Mass. 583, 584 ; Emery v. Miller, 231 Mass. 243, 245 ; Powers v. Loring, 231 Mass. 458, 460 ; Hutchinson v. H. E. Shaw Co., 273 Mass. 51, 52 ; Hughes v.