PEREIRA v. IMPERIAL SAVINGS ASSOCIATION


1993 Mass. App. Div. 62 (1993)

Horacio Pereira vs. Imperial Savings Association

Massachusetts Appellate Division, Northern District.

March 18, 1993.


Attorney(s) appearing for the Case

Emmanuel N. Papanickolas for the plaintiff.

Andrew S. White for the defendant.

Present: Forte, Merrick & Coven, JJ.


Coven, J.

This is an action in contract to recover a deposit paid by the plaintiff for the purchase of property at a foreclosure auction. The defendant has appealed the trial court's reconsideration and vacating of its earlier Dist./Mun. Cts. R. Civ. P., Rule 4(j) dismissal of the action. We review the trial judge's report of this matter pursuant to Dist./Mun. Cts. R. Civ. P., Rule 64(d).

The plaintiff filed a complaint on February 13, 1990. The complaint...

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