Hyannis Anglers Club, Inc., et al. v. Harris Warren Commercial Kitchens, LLC (and a consolidated case) (Lawyers Weekly No. 11-063-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 16-P-34 Appeals Court HYANNIS ANGLERS CLUB, INC., & others[1] vs. HARRIS WARREN COMMERCIAL KITCHENS, LLC[2] (and a consolidated case[3]). No. 16-P-34. Barnstable. October 14, 2016. – May 23, 2017. Present: Vuono, Massing, & Sacks, JJ. Consumer Protection Act, Unfair or deceptive act, Attorney’s fees, Damages. Fraud. Deceit. Damages, Consumer protection case, Deceit. Civil actions commenced in the Superior Court Department on September 6, 2011, and April 29, 2013. After consolidation, the case was tried before Christopher J. Muse, J., and a motion for attorney’s fees and costs was heard by him. Stephen Soule & Clyde K. Hanyen, Jr., for Hyannis Anglers Club, Inc., & another. John J. Lang for Harris Warren Commercial Kitchens, LLC. VUONO, J. Shortly after 5:00 A.M. on August 27, 2010, a fire erupted in the kitchen of a restaurant in Hyannis owned by Oceans Harbors, LLC (Harbors). The blaze originated in a “Pitco Frialator” (fryer),[4] a cooking appliance, which, some twelve hours earlier, had purportedly been repaired by a technician employed by Harris Warren Commercial Kitchens, LLC (Harris), a firm engaged in repairing commercial kitchen equipment. The restaurant operated on the first floor of a two-story building owned by Hyannis Anglers Club, Inc. (Anglers Club). The Anglers Club, Harbors, and their insurer, Certain Underwriters at Lloyd’s London (Underwriters), brought this action against Harris seeking damages for the losses caused by the fire and for violations of G. L. c. 93A, §§ 2 and 11.[5] Following a trial in the Superior Court, a jury found that Harris was negligent, and the plaintiffs were awarded $ 686,496.44, exclusive of costs and statutory interest.[6] Thereafter, the trial judge, who had reserved for himself the plaintiffs’ claim under c. 93A, entered findings, rulings, and an order in which he concluded that Harris had violated c. 93A when its employee, for whom Harris was vicariously liable, disabled a safety switch on the fryer, concealed this fact from Harbors, and falsified the associated work documentation in violation of the Attorney General’s rules and regulations regarding repairs and services, 940 Code Mass. Regs. § 3.08(1)(e) (1993). The judge ruled that this deceptive conduct “caused the fire that damaged plaintiffs’ businesses and property.” However, the judge declined to find, as the plaintiffs alleged, that Harris had wilfully or knowingly violated c. 93A, a ruling that foreclosed an award of […]
Commonwealth v. Warren (Lawyers Weekly No. 10-151-16)
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 Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC 11956 COMMONWEALTH vs. JIMMY WARREN. Suffolk. February 9, 2016. – September 20, 2016. Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.[1] Firearms. Practice, Criminal, Motion to suppress. Constitutional Law, Search and seizure, Reasonable suspicion. Search and Seizure, Reasonable suspicion. Complaint received and sworn to in the Roxbury Division of the Boston Municipal Court Department on December 19, 2011. After transfer to the Central Division, a pretrial motion to suppress evidence was heard by Tracy-Lee Lyons, J., and the case was heard by Annette Forde, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Nelson P. Lovins for the defendant. Michael Glennon, Assistant District Attorney, for the Commonwealth. HINES, J. After a jury-waived trial in the Boston Municipal Court, the defendant, Jimmy Warren, was convicted of unlawful possession of a firearm, G. L. c. 269, § 10 (a).[2] The complaint arose from the discovery of a firearm after an investigatory stop of the defendant in connection with a breaking and entering that had occurred in a nearby home approximately thirty minutes earlier. Prior to trial, the defendant filed a motion to suppress the firearm and statements made after his arrest, arguing that police lacked reasonable suspicion for the stop. The judge who heard the motion denied it, ruling that, at the time of the stop, the police had reasonable suspicion that the defendant was one of the perpetrators of the breaking and entering. The defendant appealed, claiming error in the denial of the motion to suppress.[3] The Appeals Court affirmed, Commonwealth v. Warren, 87 Mass. App. Ct. 476, 477 (2015). We allowed the defendant’s application for further appellate review and conclude that because the police lacked reasonable suspicion for the investigatory stop, the denial of the motion to suppress was error. Therefore, we vacate the conviction. Background. We summarize the facts as found by the judge at the hearing on the motion to suppress, supplemented by evidence in the record that is uncontroverted and that was implicitly credited by the judge. Commonwealth v. Melo, 472 Mass. 278, 286 (2015). On December 18, 2011, Boston police Officer Luis Anjos was patrolling the Roxbury section of Boston in a marked police cruiser when, at 9:20 P.M., he received […]
Commonwealth v. Warren (Lawyers Weekly No. 11-060-15)
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 Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 13-P-820 Appeals Court COMMONWEALTH vs. JIMMY WARREN. No. 13-P-820. Suffolk. October 2, 2014. – June 10, 2015. Present: Rapoza, C.J., Cypher, Green, Rubin, & Agnes, JJ.[1] Firearms. Practice, Criminal, Motion to suppress. Constitutional Law, Search and seizure, Investigatory stop, Reasonable suspicion. Search and Seizure, Threshold police inquiry, Reasonable suspicion. Threshold Police Inquiry. Complaint received and sworn to in the Roxbury Division of the Boston Municipal Court Department on December 19, 2011. After transfer to the Central Division, a pretrial motion to suppress evidence was heard by Tracy-Lee Lyons, J., and the case was heard by Annette Forde, J. Nelson P. Lovins for the defendant. Michael Glennon, Assistant District Attorney, for the Commonwealth. GREEN, J. On appeal from his conviction of carrying a firearm, the defendant claims error in the denial of his motion to suppress a firearm. The firearm was recovered near the sidewalk on which the defendant ran from police who sought to question him concerning a breaking and entering that had occurred at a nearby residence earlier that evening. At issue is whether there was reasonable suspicion to justify the directive to stop issued by one of the officers during his pursuit of the defendant. We conclude that reasonable suspicion justified the stop, and therefore affirm. Background. We summarize the facts from the motion judge’s careful findings, supplemented by evidence in the record that is uncontroverted and that was implicitly credited by the motion judge.[2] See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008). On Sunday, December 18, 2011, Boston police Officer Luis Anjos was on duty and in uniform, traveling alone in a marked police cruiser, in area B-2 in the Roxbury section of Boston. At 9:20 P.M. he received a radio call “that there was a breaking and entry in progress and the suspects were fleeing the area.” The dispatcher gave “several paths of flight” from Hutchings Street — where the breaking and entering had occurred — one toward Seaver Street and one toward Jackson Square.[3] Anjos went to the scene of the breaking and entering and spoke with the victims, a teenage male and his foster mother. The male victim told Anjos that he had left his room to go to the bathroom and that, when he was returning, […]
Mooney v. Warren (Lawyers Weekly No. 11-020-15)
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 Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 14-P-523 Appeals Court JEANNE SWEENEY MOONEY vs. SETTI D. WARREN. No. 14-P-523. Middlesex. December 4, 2014. – March 5, 2015. Present: Cohen, Fecteau, & Massing, JJ. Practice, Civil, Interlocutory appeal. Civil action commenced in the Superior Court Department on September 6, 2013. A motion to dismiss was heard by Dennis J. Curran, J. Angela Buchanan Smagula, Assistant City Solicitor, for the defendant. Cary Gianoulis for the plaintiff. FECTEAU, J. The defendant, Setti D. Warren, appeals from an order of a judge of the Superior Court that denied his motion, filed pursuant to Mass.R.Civ.P. 12(b)(6) and (9), 365 Mass. 754 (1974), to dismiss the plaintiff’s complaint. His motion claimed that a prior order in the Federal court that denied the plaintiff’s motion to amend her complaint to add claims there against the defendant in his individual capacity barred the plaintiff’s claims here as res judicata. Because we consider his appeal premature, we dismiss it. Background. In brief, on or about March 15, 2013, the plaintiff, Jeanne Sweeney Mooney, brought a multiple count complaint in the United States District Court for the District of Massachusetts against Warren, in his official capacity as the mayor of the city of Newton, and others, in which she alleged conspiracy and deprivation of civil rights pursuant to 42 U.S.C. §§ 1983 and 1985, as well as numerous pendent State law claims, all in connection with certain events alleged while Mooney worked with the Newton police department. Mooney moved to amend her complaint to include counts against Warren in his personal capacity on August 19, 2013; this motion, opposed by the defendants in that action, was denied on September 4, 2013.[1] On September 6, 2013, Mooney filed her complaint in Superior Court alleging the same claims she had sought to add to the Federal complaint. On October 4, 2013, Warren filed a motion to dismiss on res judicata grounds, which was heard on January 9, 2014. On January 30, 2014, a judge of the Superior Court issued a memorandum of decision and order, denying the motion in its entirety. This appeal followed. Discussion. We need not reach the merits of the appeal because Warren has improperly filed an appeal from an interlocutory order. See Brum v. Dartmouth, 428 Mass. 684, 687 (1999) (denial of motion to dismiss is an […]
What Sold in the South End: Warren Ave Condo for $1.5M
Realtors: Add your photos of recently sold homes to this gallery! It’s easy—just sign into your Patch account (or sign into Patch using your Facebook account). Click the “Upload Photos and Videos” button and follow the directions. The property’s address, sale price, listing agent and other details can be included in the photo’s caption. We’ve provided a sampling of five home sales this week. Look at the photo gallery or the easy-to-scan chart below. Don’t forget to check out our Real Estate section. Looking to buy a home? Check out our updated list of homes for sale in your neighborhood or this list of upcoming open houses. Neighborhood Address Details Sale Price List Price Listing Agent Charlestown 6 Mystic Place Single Family, 3 Beds/3 Baths, 2269 sq. ft. $ 939,000 $ 939,000 Boston Portfolio Properties, LLC, Diane Valle North End 328 Commercial Street #45 Condo, 1 Bed, 1 Bath, 762 sq. ft. $ 535,000 $ 549,000 Otis & Ahearn – 84 Atlantic, Susan Gram & Karen Peters Beacon Hill 30 Temple St #4 Condo, 2 Beds/2 Baths, 990 sq. ft. $ 700,000 $ 749,000 Gibson Sotheby’s International Realty, Allison Mazer Back Bay 57 Marlborough St #3 Condo, 2 Beds/1.5 Baths, 1370 sq. ft. $ 1,425,000 $ 1,398,000 Warren Residential Group, LLC, William Montero South End 43 Warren Avenue #2 Condo, 4 Beds/2.5 Baths, 2022 sq. ft $ 1,500,000 $ 1,465,000 Coldwell Banker, Richard Egan “Sold!” is a weekly column featuring the latest real estate sales in and around Boston. Photos and information compiled using MLS data, courtesy of Century 21 North Shore and Coldwell Banker Residential Brokerage. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
What Sold in the South End: Warren Ave Condo for $2.8M
Realtors: Add your photos of recently sold homes to this gallery! It’s easy—just sign into your Patch account (or sign into Patch using your Facebook account). Click the “Upload Photos and Videos” button and follow the directions. The property’s address, sale price, listing agent and other details can be included in the photo’s caption. We’ve provided a sampling of five home sales this week. Look at the photo gallery or the easy-to-scan chart below. Don’t forget to check out our Real Estate section. Looking to buy a home? Check out our updated list of homes for sale in your neighborhood or this list of upcoming open houses. Neighborhood Address Details Sale Price List Price Listing Agent Charlestown 1 Warren St #205 Condo, 2 Beds/2.5 Baths, 1357 sq. ft. $ 882,500 $ 869,000 Coldwell Banker, Janis Pacheco North End 300 Commercial Street #904 Condo, 2 Beds, 2 Baths, 1530 sq. ft. $ 1,925,000 $ 2,050,000 CL Waterfront Properties, Carmela Laurella Beacon Hill 49 Beacon St #3 Condo, 2 Beds/1.5 Baths, 985 sq. ft. $ 1,050,000 $ 899,000 Coldwell Banker, Bruce McLean Back Bay 110 Stuart Street #25E Condo, 2 Beds/2.5 Baths, 1715 sq. ft. $ 1,930,000 $ 2,045,000 Otis & Ahearn – Newbury St, Dinny Herron South End 139 Warren Ave Single Family, 4 Beds/3.5 Baths, 3800 sq. ft $ 2,820,000 $ 2,850,000 Coldwell Banker, Mark Doherty “Sold!” is a weekly column featuring the latest real estate sales in and around Boston. Photos and information compiled using MLS data, courtesy of Century 21 North Shore and Coldwell Banker Residential Brokerage. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Sen. Warren Stops by South End
Senator Elizabeth Warren visited the South End yesterday, primarily to meet with leaders in the medical research field in Boston. The neighborhood visit included Mayor Thomas Menino and leaders of area hospitals and research universities who spoke to the senator about the importance of national funding through the National Institutes of Health (NIH) research grants, and what funding cuts would mean for medical research in the Boston area and throughout Massachusetts. “The research these scientists do is mind-blowing, and the idea that Congress could slash their funding next month is mind-boggling,” Mayor Menino said. “The doctors who have joined us here today have made it their life’s work to improve people’s lives. I hope in the coming days we can say the same about Congress.” The across-the-board federal spending cuts scheduled to be implemented March 1 would eliminate $ 2.4 billion in NIH funding. This would have a significant impact on Massachusetts, which last year received 11.3% of NIH funding. Boston receives more NIH funding than any other city in the country. “NIH funding plays a key role in supporting life-saving medical research at Boston’s world-class hospitals and universities,” said Senator Warren. “Across-the-board spending cuts are bad for Massachusetts and bad for the country. I will fight to stop these significant cuts to NIH funding, which would put critical research programs here in Boston and across the Commonwealth at risk and hurt our economy.” SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: News Tags: boston, democratic, edward, elizabeth, major, markey, massachusetts, scott, warren
What Sold in the South End: Warren Ave One-Bed Condo Sells for $480K
Realtors and homeowners: Add your photos of recently sold homes to this gallery! It’s easy—just sign into your Patch account (or sign into Patch using your Facebook account). Click the “Upload Photos and Videos” button and follow the directions. The property’s address, sale price, listing agent and other details can be included in the photo’s caption. Here is a sampling of five home sales this week. Look at the photo gallery or the easy-to-scan chart below. Don’t forget to check out our Real Estate section. Neighborhood Address Details Sale Price List Price Listing Agent Charlestown 6 Hill Street #2 Condo, 2 Beds/1.5 Bath, 1135 sq. ft. $ 460,000 $ 435,000 Hammond Residential, Nancy Roth North End 39 Commercial Wharf #8 Condo, 2 Beds/2 Baths, 1835 sq. ft. $ 1,850,000 $ 1,899,000 CL Waterfront Properties, Carmela Laurella Beacon Hill 45 Province Street #907 Condo, 2 Beds/2 Baths, 1609 sq. ft. $ 1,245,000 $ 1,299,000 RESIS, R. Wayne Lopez Back Bay 168 Marlborough Street #3 Condo, 2 Beds/2 Baths, 2107 sq. ft $ 2,000,000 $ 2,100,000 Campion & Company Fine Homes Real Estate, Tracy Campion South End 131 Warren Ave #1 Condo, 1 Beds/1 Bath, 666 sq. ft. $ 480,000 $ 489,000 Boston Realty NET.com, Inc., Frank Carroll “Sold!” is a weekly column featuring the latest real estate sales in and around Boston. Photos and information compiled using MLS data, courtesy of Century 21 North Shore and Coldwell Banker Residential Brokerage. South End Patch