PAUL WOODCOME INS. AGENCY, INC. v. FUSCO


1982 Mass. App. Div. 183 (1982)

Paul Woodcome Insurance Agency, Inc. vs. Robert P. Fusco

Massachusetts Appellate Division, Western District.

July 2, 1982.


Attorney(s) appearing for the Case

Edwin H. Howard for the plaintiff.

Willard Ide Shattuck, Jr. for the defendant.

Present: McGuane, Lenhoff & Larkin, JJ.


Larkin, J.

This case presents the question of whether the absence of a counter-affidavit filed by defendant, is necessarily fatal to an attempt to defeat a plaintiff's motion for summary judgment on the special facts of record here1

The plaintiff's complaint as originally filed in the district court was in two Counts. The first Count was on an "account annexed" in which the plaintiff claimed an amount of $854.80, apparently for...

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