U.S. TRUST COMPANY v. AUSTIN


1997 Mass. App. Div. 40 (1997)

U.S. Trust Company v. Donna J. Austin

Massachusetts Appellate Division, Southern District.

March 28, 1997.


Attorney(s) appearing for the Case

Christopher C. Rich for the plaintiff.

Richard H. Gens for the defendant.

Present: Aguiar, P.J., Minehan & Belford, JJ.


Aguiar, J.

This appeal raises the issue of whether the trial court erred in entering summary judgment in favor of the plaintiff based upon an uncontroverted affidavit and in the face of defendant's hearsay-based affidavit. We find no error.

This appeal further raises the issue of whether the defendant may first raise arguments on appeal which were not made to the trial court. We find no error.

This is an action to recover a deficiency after repossession...

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