CARNEY v. SPRINGFIELD


403 Mass. 604 (1988)

532 N.E.2d 631

MICHAEL P. CARNEY vs. CITY OF SPRINGFIELD & others

Supreme Judicial Court of Massachusetts, Hampden.

December 19, 1988.


Attorney(s) appearing for the Case

Kevin B. Coyle for the plaintiff.

Richard T. Egan, City Solicitor, for the city of Springfield.

James M. Shannon, Attorney General, & Lisa A. Levy, Assistant Attorney General, for Civil Service Commission.

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


NOLAN, J.

The plaintiff, Michael P. Carney, appeals from a Superior Court judgment entered following allowance of a motion for summary judgment filed by the city of Springfield. The test whether a motion for summary judgment should be allowed is twofold: (1) whether after consideration of the pleadings, depositions, answers to interrogatories, and affidavits, a genuine issue of material fact exists; and (2) whether the moving party is entitled to judgment as a matter...

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