TIBBITTS v. WISNIEWSKI

No. 88-P-1269.

27 Mass. App. Ct. 729 (1989)

542 N.E.2d 320

PAUL H. TIBBITTS vs. BERNARD J. WISNIEWSKI.

Appeals Court of Massachusetts, Middlesex.

August 18, 1989.


Attorney(s) appearing for the Case

Dianna R. Stallone for the defendant.

Edward J. O'Brien for the plaintiff.

Present: DREBEN, KASS, & SMITH, JJ.


KASS, J.

Twenty months after a default judgment in favor of the defendant entered under Mass.R.Civ.P. 33(a), as amended 368 Mass. 906 (1976), for failure to make discovery, the plaintiff moved to vacate judgment under Mass.R.Civ.P. 60(b)(6), 365 Mass. 829 (1974). A Superior Court judge allowed the motion. We conclude that he lacked discretion so to do and vacate the allowance of the motion.

The pertinent facts are procedural. On May 7, 1986, Tibbitts, the...

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