Aguiar, J.
This appeal raises the issue of whether the judge erred in denying plaintiff's Motion for Partial Summary Judgment on Count III of plaintiff's complaint (Request for Declaratory Judgment).
We find there was no error.
On August 12, 1996, in the backyard of the three family house located at 37 School Street, Roxbury, Massachusetts, owned by Milagros Ruiz and the defendant Edwin Buzzetta, the plaintiff, seven year old Emily Ruiz was struck...
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