Sano, et al. v. Tedesco, et al. (Lawyers Weekly No. 11-108-13)
Balconies are individual unit components, but their support beams are common areas subject to shared maintenance costs despite serving only the balconies.
Appeals Court Opinions
Kelley, et al. v. Cambridge Historical Commission, et al. (Lawyers Weekly No. 11-105-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of…
Commonwealth v. Kindell (Lawyers Weekly No. 11-106-13)
Defendant denied right to cross-examine prosecution's sole witness about bias and motive to fabricate charge; reversal and new trial warranted.
Norfolk & Dedham Mutual Fire Insurance Company v. National Continental Insurance Company (Lawyers Weekly No. 11-099-13)
Insurance company's initial notice to the Registry of Motor Vehicles, containing a minor identification error but all required information, satisfies statutory requirement for timely cancellation notice.
Commonwealth v. Marte (Lawyers Weekly No. 11-100-13)
Affirmed convictions for four controlled cocaine purchases; reversed conviction for apartment seizure where erroneous drug certificate was sole evidence of composition.
Martinez Rivera et al. v. Commerce Insurance Company, et al. (Lawyers Weekly No. 11-101-13)
Consumer Protection Act damages for insurer's bad faith delay in settling claim; recoverable tort expenses and interest rate on wrongfully withheld funds.
Barnes v. Devlin (Lawyers Weekly No. 11-102-13)
Father liable for contempt when he unilaterally stopped paying child support obligations he voluntarily agreed to, notwithstanding statutory conditions.
Timperio v. Zoning Board of Appeals of Weston, et al. (Lawyers Weekly No. 11-103-13)
Zoning board properly applied common-law merger doctrine to combine nonconforming lots held in common ownership after subsequent zoning amendments, despite earlier board finding that one lot retained separate status.
Department of Correction v. Massachusetts Correction Officers Federated Union, et al. (Lawyers Weekly No. 11-104-13)
Correctional officer lacks standing to appeal vacation of arbitration award where he executed waiver and is not party to collective bargaining agreement.
Commonwealth v. Feeney (Lawyers Weekly No. 11-098-13)
Appeals court reversed suppression of defendant's statements identifying cell phone after Miranda waiver, holding police ruse not dispositive.