MONTELLO v. SMITH


1998 Mass. App. Div. 43 (1998)

Anna A. Montello v. Donald Smith

Massachusetts Appellate Division, Northern District.

February 25, 1998.


Attorney(s) appearing for the Case

William D. Gardiner for the plaintiff.

Thomas K. MacMillan for the defendant.

Present: Sherman, P.J., Greco & Curtin, JJ.


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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