AHERN v. WARNER


16 Mass. App. Ct. 223 (1983)

450 N.E.2d 662

DOLARES T. AHERN vs. LAURENCE E. WARNER & another.

Appeals Court of Massachusetts, Suffolk.

June 23, 1983.


Attorney(s) appearing for the Case

Robert H. Greene for the plaintiff.

Michael A. Pezza, Jr., for the defendants.

Present: GRANT, PERRETTA, & WARNER, JJ.


WARNER, J.

The plaintiff appeals from a judgment dismissing her complaint for failure to make service of process within a reasonable time. The complaint, which seeks injunctive relief and money damages, alleges that the defendants failed to maintain a retaining wall on property adjoining the plaintiff's, and was filed in the Superior Court on April 12, 1978. The summonses were issued twenty-two months later, on February 8, 1980, and the summons and complaint were...

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