GREENFIELD v. PEARLSTEIN


1995 Mass. App. Div. 30 (1995)

David S. Greenfield v. Arthur P. Pearlstein

Massachusetts Appellate Division, Northern District.

February 28, 1995.


Attorney(s) appearing for the Case

Joseph Patrick Morrissey for the plaintiff.

John R. Pollets for the defendant.

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


Sherman, P.J.

This is an action in three counts for the defendant's alleged breach of an express and implied contract and unfair and deceptive practices in violation of G.L.c. 93A in refusing to pay his portion of the losses generated by the parties' rental property.

The defendant filed a Dist./Mun. Cts. R. Civ. P., Rule 12(b) (6) motion to dismiss which, after the submission of affidavits by both parties, was properly treated by the trial court as a Dist...

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