DEVITO v. CELLULAR MOBILE COMMUNICATIONS INC


1993 Mass. App. Div. 48 (1993)

Samuel Devito vs. Cellular Mobile Communications, Inc.

Massachusetts Appellate Division, Northern District.

March 8, 1993.


Attorney(s) appearing for the Case

Maria P. Nichols for the plaintiff.

Michael V. Iudice for the defendant.

Present: Sherman, P.J., Furnari & Merrick, JJ.


Merrick, J.

This is an action in quantum meruit for the value of construction services and materials provided by the plaintiff in the remodeling of two of the defendant's stores.

The case is before this Division on the plaintiff's appeal of the trial court's allowance, at the close of the plaintiff's evidence, of the defendant's Dist./Mun. Cts. R. Civ. P., Rule 41(b) (2) motion for involuntary dismissal.

The reported summary of the plaintiff's evidence...

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