BABABEKOV v. FELDMAN


1988 Mass. App. Div. 39 (1988)

Yury Bababekov vs. Leo Feldman

Massachusetts Appellate Division, Municipal Court.

March 3, 1988.


Attorney(s) appearing for the Case

Mitchell Katzman for the plaintiff.

Francis J. Scannell for the defendant.

Present: Donovan, P.J., Tierney & Bakas, JJ.


Bakas, J.

The instant case is before us as a result of a hearing before a single justice of the Appellate Division who allowed the plaintiff's petition to establish a report pursuant to Dist./Mun. Cts. R. Civ. P., Rule 64 (e).

The central issue presented by the report challenges the power of the trial judge to correct or clarify his own unsolicited or gratuitous language which had the obvious and unintended legal effect of contradicting his own finding(s)...

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