BROWN v. GERSTEIN


17 Mass. App. Ct. 558 (1984)

460 N.E.2d 1043

RICHARD P. BROWN & another vs. BARRY H. GERSTEIN & another..

Appeals Court of Massachusetts, Essex.

March 5, 1984.


Attorney(s) appearing for the Case

John D. Dwyer for the plaintiffs.

Erik Lund for the defendants.

Present: BROWN, GREANEY, & WARNER, JJ.


GREANEY, J.

The plaintiffs' amended complaint sought to recover damages from the defendants, both lawyers, on allegations (1) that Gerstein had committed malpractice in representing them in connection with a suit to restrain a mortgage foreclosure; (2) that his conduct also violated G.L.c. 93A; and (3) that Weiner, who practiced law with Gerstein, was derivatively liable for Gerstein's actions as his "partner by estoppel." The common law claims were tried to a jury...

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