ZISLER v. AYAN


1992 Mass. App. Div. 95 (1992)

Guenter J. Zisler vs. Thomas Ayan

Massachusetts Appellate Division, Northern District.

May 15, 1992.


Attorney(s) appearing for the Case

Michael J. Norris for the plaintiff.

William P. Monahan for the defendant.

Present: Sherman, P.J., Banks & Flatley, JJ.


Banks, J.

This is an action in contract to recover the balance due on a promissory note executed by the defendant.

The case is before this Division on the defendant's appeal of the trial court's denial of the defendant's Dist./Mun. Cts. R. Civ. P., Rule 60(b)(1) motion for relief from a default judgment.

Rule 60(b)(1) permits a trial court, in the exercise of its sound discretion, to vacate a judgment upon an adequate showing of the moving party's...

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