SMITH v. BALEY


1996 Mass. App. Div. 153 (1996)

Timothy Smith, and another v. Henry Baley, and another

Massachusetts Appellate Division, Southern District.

September 11, 1996.


Attorney(s) appearing for the Case

Kathleen M. Auger for the plaintiffs.

Pamela B. Marsh and Mitchell S. Pinsly for the defendants.

Present: Martin, P.J., Hurley & Welsh, JJ.


Hurley, J.

The defendant, Terminix International, Inc., appeals from the denial of its motion to compel arbitration and stay all proceedings. We determine that the trial judge lacked jurisdiction to act on that motion.

The plaintiffs brought suit alleging that they sustained personal injuries as a result of Terminix' negligent application of pesticides at their home. The plaintiffs rented property from the defendant, Henry Baley. Baley contracted with Terminix...

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