Posts tagged "Hugenberger"

Hugenberger, et al. v. Alpha Management Corp. (Lawyers Weekly No. 11-087-13)

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12‑P‑1788                                       Appeals Court


No. 12‑P‑1788.      June 28, 2013.

Consumer Protection Act, Demand letter.

The plaintiffs appeal from a decision of the Appellate Division of the Boston Municipal Court Department (BMC) affirming the trial judge’s allowing the defendant’s motion for reconsideration and ordering the entry of judgment for the defendant.  The trial judge concluded that “the failure to offer the [G. L. c.] 93A demand letter, proof of a required element in the plaintiffs’ case, was a fatal mistake.”  The plaintiffs claim error in this ruling on the ground that they were not required, in the circumstances, to offer the demand letter in evidence and that the failure to do so was not manifestly wrong so as to allow the judge to reconsider his earlier denial of the defendant’s motion for a directed finding.  As we disagree, we affirm. read more


Posted by Massachusetts Legal Resources - June 28, 2013 at 3:06 pm

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