Greco, J.
In December of 1988, plaintiff Anna A. Montello ("Montello") sued defendant Donald Smith ("Smith") for breach of contract, misrepresentation and G.L.c. 93A unfair and deceptive practices arising from her lease of a unit in a shopping mall which Smith was purportedly then constructing. Following a trial in the Newburyport District Court before a judge now retired, the action was appealed to this Appellate Division, further appealed to the Appeals Court, remanded...
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