Dougan, J.
In this action, plaintiff-in-counterclaim, Marcel J. Murad (Murad), alleges that defendant-in-counterclaim, Liberty Mutual Insurance Company (Liberty), entered into a contract with Murad and thereafter breached that contract.
At trial, after Murad finished presenting evidence, the court allowed Liberty's motion for a directed verdict which it treated as a motion to dismiss pursuant to Mass. R. Civ. P., Rule 41(b)(2). This report followed.
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