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LANDERS v. THE SHERWIN-WILLIAMS COMPANY

1989 Mass. App. Div. 58 (1989)

Concetta Landers and another vs. The Sherwin-Williams Company and another

Massachusetts Appellate Division, Northern District.

March 20, 1989.

Attorney(s) appearing for the Case

Mario Misci for the plaintiffs.

Mark Masling for the defendants.

Present: Doyle, P.J., Banks & Bohn, JJ.

The plaintiffs' complaint is in six counts (three against each defendant) for negligence, breach of warranty and unfair practices in violation of G.L.c. 93A. The defendants filed a Dist./Mun. Cts. R. Civ. P., Rule 56 motion for summary judgment on the grounds that the complaint counts charging negligence and breach of warranty were barred by the applicable three-year statute of limitations.3 The trial court allowed the defendants' summary judgment...

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