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ZORACH v. LENOX OIL COMPANY, INC.

1996 Mass. App. Div. 11 (1996)

Peter Zorach v. Lenox Oil Company, Inc.

Massachusetts Appellate Division, Western District.

January 23, 1996.

Attorney(s) appearing for the Case

Robert C. Ware for the plaintiff.

Andrew M. Hochberg for the defendant.

Present: Gelinas, Brennan & Teahan, JJ.

Gelinas, J.

Appellant Lenox Oil Company, Inc. (defendant) urges reversal of a trial court justice's denial of its motion to vacate judgment of default,1, dated May 5, 1994, claiming that the judgment is void for failure of proper service under Dist./Mun. Cts. R. Civ. P., Rule 4(c).

We affirm the trial court's decision denying the motion to vacate judgment of default and dismiss the report (the second report) but vacate the judgment...

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