LABONTE v. GIORDANO


426 Mass. 319 (1997)

KATHLEEN M. LABONTE v. DOMINIC GIORDANO.

Supreme Judicial Court of Massachusetts, Worcester.

December 19, 1997.


Attorney(s) appearing for the Case

Morris A. Bergman for the plaintiff.

Philip K. Maloof for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.


IRELAND, J.

The plaintiff, Kathleen M. Labonte, filed a civil complaint against her brother, the defendant, Dominic Giordano, for tortious interference with an expectancy. Giordano moved to dismiss the complaint, pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), for failure to state a claim upon which relief can be granted. A judge in the Superior Court granted Giordano's motion. We transferred Labonte's appeal here on our own motion, and now vacate the...

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