WYNNE v. ROSEN


391 Mass. 797 (1984)

464 N.E.2d 1348

PETER WYNNE vs. HAROLD ROSEN & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 10, 1984.


Attorney(s) appearing for the Case

Paul W. Shaw for the plaintiff.

Elliott J. Mahler for the defendants.

Present: WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


NOLAN, J.

The plaintiff, Peter Wynne, appeals from a judgment dismissing his action for malicious prosecution against the defendants, Harold Rosen and his attorney, Mr. Stephen Weitz. This case is before us on direct appellate review. We reverse the judgment.

Wynne's complaint alleges the following facts. Wynne and Rosen were officers and equal owners of shares in an automobile dealership, Marlborough Auto House, Inc. In May, 1982, they decided to sell the...

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