O'KEEFFE v. SUPERIOR CARPET, INC.


1987 Mass. App. Div. 108 (1987)

Kevin O. O'Keeffe vs. Superior Carpet, Inc. and another

Massachusetts Appellate Division, Municipal Court.

June 5, 1987.


Attorney(s) appearing for the Case

R. Alan Fryer for the plaintiff.

David W. Walsh for the defendants.

Present: Donovan, P.J., O'Toole & Hershfang, JJ.


O'Toole, J.

What we have here is a failure to communicate. In the circumstances, the failure was serious enough that we conclude as a matter of law that it was an unfair commercial act or practice within the meaning of the Consumer Protection Act, G.L.c. 93A.

The plaintiff, Kevin O'Keeffe, delivered two Oriental rugs to the corporate defendant, Superior Carpet, Inc. ("Superior"), for cleaning and storage. After several years had passed, O'Keeffe asked for...

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